IN RE JOANN MOORER, petres, v. NYC HPD OFFICE OF HOUSING OPERATIONS AND DIVISION OF TENANT RESOURCES, res-res

8848. IN RE JOANN MOORER, petres, v. NYC HPD OFFICE OF HOUSING OPERATIONS AND DIVISION OF TENANT RESOURCES, res-res — Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for ap — JOANN MOORER, RESPONDENT PRO SE.—Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 9, 2011, which granted the petition, brought pursuant to CPLR article 78, to annul respondent’s determination, dated May 9, 2009, terminating petitioner’s Section 8 housing subsidy as of June 30, 2009, and to reinstate the subsidy retroactive to the date of termination, and remanded the matter to respondent for an administrative hearing on the merits, unanimously affirmed, without costs.

Supreme Court correctly found that petitioner timely commenced this article 78 proceeding and that respondent’s determination should be annulled. The court correctly found that petitioner timely challenged respondent’s decision to terminate her subsidy by timely filing a re-certification package with the agency addressing the grounds for termination, and by timely submitting the agency’s form requesting a conference. It should be noted that the form to request a conference addressing pre-termination status and the form to request a hearing addressing termination status are virtually identical, in that both instruct the participant to explain why his or her subsidy should not be terminated, and that here, the agency concededly interpreted the request for a conference as a request for a hearing.