Housing Court Can Rule on Whether Landlord Breached HUD Rules

April 8, 2012

LVT Number: #24003

Landlord sued to evict a Section 8 tenant, claiming violations of tenant's lease, HUD rules and regulations, and the Real Property Law after a police search warrant showed that subtenants used the apartment to deal marijuana. Subtenants moved the case to federal court. They claimed that since the lease provisions under which landlord sought eviction were based on HUD regulations and federal law, a federal court should decide the case. The court ruled against subtenants and sent the case back to housing court. There was no indication in the U.S.

Landlord sued to evict a Section 8 tenant, claiming violations of tenant's lease, HUD rules and regulations, and the Real Property Law after a police search warrant showed that subtenants used the apartment to deal marijuana. Subtenants moved the case to federal court. They claimed that since the lease provisions under which landlord sought eviction were based on HUD regulations and federal law, a federal court should decide the case. The court ruled against subtenants and sent the case back to housing court. There was no indication in the U.S. Housing Act that Congress intended to divert landlord-tenant cases to federal courts. Housing court was the more appropriate place to decide whether eviction was warranted by subtenants' use of the apartment.

Henry Phipps Plaza Sough Associates LP v. Rodriguez: Index No. 12 Civ. 1060, NYLJ No. 1202544250470 (SDNY; 2/27/12; Kaplan, J)

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