New York Court of Appeals
In the Matter of Tayinha Banos, Respondent v. John Rhea, as Chairperson of the New York City Housing Authority, Et…
May 12, 201525 N.Y.3d 266
Summary
The New York Court of Appeals held that, under the Williams consent judgment, the four‑month statute of limitations for challenging NYCHA's termination of Section 8 benefits begins when the tenant receives the T‑3 notice, regardless of whether NYCHA proved mailing of the prior warning and T‑1 letters. Accordingly, the Court reversed the Appellate Division decisions and dismissed the petitions as time‑barred. Justice Fahey dissented, arguing that all three notices must be mailed before the limitations period starts and would have affirmed the lower courts.