Acceptance of Section 8 Subsidy Checks Invalidated Termination Notice

August 31, 2002

LVT Number: 16097

Landlord sued to evict Section 8 tenant after sending a termination notice. Tenant claimed waiver. Landlord had accepted a rent subsidy check from the Section 8 program after sending a termination notice but before starting the eviction case. Landlord claimed that it held checks but didn't cash them. The court ruled against landlord. Landlord's receipt and retention of the Section 8 checks was an acceptance of rent. Landlord didn't return the checks to tenant or Section 8 program and didn't claim that this was a mistake. Landlord's actions invalidated the termination notice.

Landlord sued to evict Section 8 tenant after sending a termination notice. Tenant claimed waiver. Landlord had accepted a rent subsidy check from the Section 8 program after sending a termination notice but before starting the eviction case. Landlord claimed that it held checks but didn't cash them. The court ruled against landlord. Landlord's receipt and retention of the Section 8 checks was an acceptance of rent. Landlord didn't return the checks to tenant or Section 8 program and didn't claim that this was a mistake. Landlord's actions invalidated the termination notice.

Youth Action Homes II HDFC v. Ashe: NYLJ, 8/7/02, p. 21, col. 1 (Civ. Ct. NY; Acosta, J)

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