HA Did Not Set Tenant’s Rent After HUD Rent Ended

A New York City resident complained of a rent overcharge. The District Rent Administrator (DRA) ruled against the resident, finding that the New York City Housing Authority (NYCHA) set the resident’s rent at $1,550 under the Section 8 program effective June 1, 2007, by a letter dated May 14, 2007. The resident appealed.

The resident was not receiving any Section 8 voucher on June 1 2007. The NYS Division of Housing and Community Renewal ruled for the resident and reopened the case. NYCHA’s May 14 letter was not an order setting the rent for the resident’s rent-stabilized apartment. It was merely a letter approving conversion of the building from HUD project-based Section 8 to the NYCHA Housing Choice Voucher program, which is a tenant-based Section 8 program.

In any event, the resident’s legal rent could not be increased by more than the applicable renewal lease guideline when the building left the HUD program. The case was sent back to the DRA to review the rent history and determine whether there was any overcharge.

n 427 St. Johns Pl.: DHCR Adm. Rev. Docket No. WG210043RT (April 2009)