The Legal Aid Society filed an amicus brief on behalf of Lonnette Greene and all Section 8 tenants’ right to procedural due process. Ms. Greene moved into the Deshler Apartments as a two-year-old, and had lived there for more than thirty years when she sought to take over the lease from her mother. Without her knowledge, Ms. Greene had been removed from the household composition forms. As a result, her landlord denied her the continuation of the Section 8 subsidy, placing her at risk of eviction and homelessness.

In our brief, we argued that Ms. Greene was owed procedural due process such that her removal from the family composition should not have been possible without evidence that she had left the apartment. The Section 8 program was created “[f]or the purpose of aiding low-income families in obtaining a decent place to live and of promoting economically mixed housing.” 42 U.S.C. § 1437f(a). Section 8 apartments are a valuable resource for low-income New Yorkers, who are most harmed by the affordable housing crisis.

In June 2017, a federal judge agreed that Ms. Greene had a legitimate claim of entitlement that she was deprived of when she was removed from the household composition, and that she had been entitled to some form of due process or notice and to an opportunity to respond.

During the appeal process, the tenant moved out and the case was moot. The decision was vacated, but is still useful for its persuasive value.