Timkovsky v. 56 Bennett LLC Index No. 402911/07 (Sup. Ct. N.Y. Co.)
Nature of Claims: This action challenges the refusal of landlords who receive J-51 tax benefits to accept Section 8 vouchers from current tenants in violation of the J-51 law.
Background: The New York City Administrative Code (§ 11-243(k)) prohibits any housing owner who receives a “J-51” tax benefit from denying the housing “or any of the privileges or services incident to occupancy” because participation in or being eligible for Section 8. The plaintiffs in this case argue that this provision requires landlords who receive J-51 tax benefits to participate in the Section 8 program.
Current Status: The plaintiffs have moved for summary judgment. The court has requested additional briefing on the impact of Local Law 10 on the case. Local Law 10 prohibits discrimination based on source of income, including Section 8, and explicitly applies to “current tenants.”
Related Actions: Tapia v. Successful Management Corp., Index No. 400563/08 (Sup. Ct. N.Y. Co) (involving J51 and Local Law 10); Dreytser v. 195 Realty, LLC, Index No. 401140/08 (Sup. Ct. N.Y. Co) (involving Local Law 10)
No. Persons Affected: Approximately 12,000 Section 8 recipients are currently searching for housing. Many of them would be eligible to use their vouchers in place.