one is available. Ms. Lora's review of Respondent's file indicated that she had been over-housed
since at least 2009.
By letter dated May 2016 Petitioner's management company Alma Realty Corp. was notified
by its Contract Administrator NYSHTFC that it had conducted an occupancy analysis of all
Section 8 projects within its portfolio and had identified a number of units at the Crotona Park
Complex that were "potentially over-housed", including Respondent's apartment. The letter cites
to the Occupancy Standards in the property's Tenant Selection Plan and the rules for "Unit
Transfers Due to a Change in Family Composition" in HUD Handbook 4350.3. The letter states
it is for informational purposes and does not require any immediate action. However, the letter
cautions that NYSHTFC "may initiate any corrective action measures available in order to
maximize the utilization of Section 8 funding" if a future analysis "indicates a persistent issue
with HUD compliance on occupancy standards".
Ms. Lora testified that after receiving the Contract Administrator's May 2016 letter, Leslie
Roman, Petitioner's Site Manager for Respondent's building at the time, sent Respondent three
letters advising her that she was over-housed and would have to relocate, as follows:
(1) First letter - dated August 9, 2016, advising Respondent that her name is on the
Contract Administrator's list of HUD-assisted tenants who "need to right size due to the family
household composition". The letter refers to "HUD Regulation 4350.3" and informs Respondent
that, "when a unit becomes available that correspond[s] with your household composition you
will be given 30 days to transfer to the new unit. Keep in mind if you are notified of the transfer