Did Tenant Violate Lease by Not Moving to Different-Sized Apartment?

(Decision submitted by Jason D. Boroff of the Manhattan law firm of Jason D. Boroff & Associates PLLC, who represented the landlord.)

Landlord sued to evict HUD Section 8 tenant for material noncompliance with his lease. Landlord claimed that tenant failed to comply with a lease clause requiring tenant and his family to either move to an apartment deemed appropriate for tenant's family size or pay the fair market rent for the apartment they occupied. Tenant asked the court to dismiss the case, claiming that the lease didn't call for eviction on the grounds claimed and that the petition didn't sufficiently state facts supporting landlord's claim. The court ruled against tenant. The petition gave tenant adequate information about the reason landlord brought the case. And a trial was needed to determine if tenant violated the cited lease provisions and whether tenant's actions warranted eviction.

Lambert Houses Redevelopment Co. v. Anez: Index No. 2165/13 (Civ. Ct. Bronx; 5/9/13: Rashford, J) [4-pg. doc.]