Assisted Housing Landlord Can't Include Unpaid Charges as Additional Rent

December 1, 2003

LVT Number: 17027

Landlord housing authority sued to evict tenant for nonpayment of rent, including added charges for late fees and utility fees. Tenant claimed that landlord's demand for added charges was improper. The court ruled for tenant and dismissed the case. Federal HUD guidelines bar the treatment of added charges as rent. Landlord can't include these charges in a claim for nonpayment of rent. Landlord could bring the case again for the back rent only.

Landlord housing authority sued to evict tenant for nonpayment of rent, including added charges for late fees and utility fees. Tenant claimed that landlord's demand for added charges was improper. The court ruled for tenant and dismissed the case. Federal HUD guidelines bar the treatment of added charges as rent. Landlord can't include these charges in a claim for nonpayment of rent. Landlord could bring the case again for the back rent only.

Watertown Hous. Auth. v. Kirkland & Baia: NYLJ, 11/10/03, p. 20, col. 3 (City Ct. Jefferson; Harberson, J)

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