Legal Opinion

Potter v. Atarien

New York Supreme Court

Decided March 25, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Charles J. Markey, J.

Defendant John E Rhea, the Chairperson of the New York City Housing Authority (NYCHA), has moved for an order pursuant to CPLR 3211 (a) (7), dismissing the complaint against him for failure to state a cause of action.

Section 8 of the United States Housing Act of 1937 (42 USC § 14371), added in 1974, authorizes assistance payments “[flor the purpose of aiding lower-income families in obtaining a decent place to live.” NYCHA administers a Section 8 Rental Housing Choice Voucher Program for low-income housing in New York City.

On April 23, 2009, NYCHA…

2Cases cited9 opinions

  1. Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
  2. Pendleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
  4. Welch v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  5. Zwecker v. ClinchAppellate Division of the Supreme Court of the State of New York · 2001

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