Eviction Petition Didn't State Tenant's Section 8 Status

Landlord sued to evict tenant when tenant's rental agreement expired. Tenant asked the court to dismiss the case because landlord didn't serve a copy of the termination notice and court papers on the public housing authority (CVR) that administered the Section 8 voucher tenant had received. The predicate notice and petition also failed to plead the tenant's Section 8 status. Landlord claimed that she notified CVR of her intent to terminate tenant's lease when she served the termination notice and attached a copy of that notice to an email sent to tenant's case worker. But tenant argued that landlord's email didn't comply with regulations as there was no way to verify that the notice to evict was attached. And the court noted that the petition failed to state that tenant had received a Section 8 subsidy. The petition contained fundamental misstatements and omissions, and had to be dismissed.

Bennett v. Brooks: 73 Misc.3d 1206(A), 2021 NY Slip Op 50943(U), NYLJ No. 1635239703 (City Ct. Mt. Vernon; 10/1/21/ Seiden, J)