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A WOMAN'S PLACE

Nora Chierchia filed an appeal after the New York City Housing Authority ("NYCHA") terminated her Section 8 subsidy because she had moved out of her apartment without the agency's prior approval.

Even though she violated the governing rules, the Appellate Division, First Department, thought the penalty for her transgression was extreme given she hadn't acted in bad faith nor intended to defraud the agency. Instead, she had moved to another, identical apartment in the same building, while her original unit was undergoing renovation. She then asked if she could remain in the second apartment because it was more "convenient" given her medical condition. (She was never advised that she needed to move back into the old unit.)

Because she had been a stellar tenant, with no prior history of any misconduct, the AD1 vacated NYCHA's decision and directed the agency to impose a "lesser penalty."

That sure was something to write home about.

To view a copy of the Appellate Division's decision, please use this link: Matter of Chierchia v. New York City Hous. Auth.

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