Justice Manuel Mendez
Tenant Bryan, a paraplegic, commenced an Article 78 petition. His only source of income was Social Security Disability benefits, and he relied on respondent’s Section 8 housing assistance to pay his rent. Respondent found Bryan allegedly misrepresented his income in his recertification affidavits and terminated his Section 8 subsidy for failing to disclose income. A hearing officer found respondent’s decision to terminate the subsidy correct, but noted mitigating factors made the penalty of termination disproportionate, stating it would likely result in Bryan’s homelessness. The hearing officer stated termination was not reasonable at this time, advising respondent to permit Bryan to recertify, and remanded the matter. Respondent terminated the subsidy, giving Bryan 21 days to request an informal hearing. Bryan did so, but seven days after the deadline. Respondent denied the request. The court noted given Bryan’s physical condition and severity of his health issues, his request, seven days late, was not unreasonable, and respondent’s denial of the hearing was arbitrary and irrational. It granted annulment of the decision, reinstating the subsidy and remanded the matter for an informal hearing.
