Landlord Can End Participation in Section 8 Program

November 1, 2004

LVT Number: 17716

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sued for an improper rent amount. Tenant had been in the Section 8 program. She continued to pay landlord the non- Section 8 portion of her rent after landlord ended participation in the Section 8 program. Tenant claimed that landlord couldn't quit Section 8 and asked the court to dismiss the case. Court: Landlord wins. The 1996 Congressional amendment to the federal Section 8 law allowed landlord to terminate its participation in the Section 8 program when tenant's lease expired.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sued for an improper rent amount. Tenant had been in the Section 8 program. She continued to pay landlord the non- Section 8 portion of her rent after landlord ended participation in the Section 8 program. Tenant claimed that landlord couldn't quit Section 8 and asked the court to dismiss the case. Court: Landlord wins. The 1996 Congressional amendment to the federal Section 8 law allowed landlord to terminate its participation in the Section 8 program when tenant's lease expired. Landlord gave tenant proper advance notice of its intent to end participation in the Section 8 program. And it didn't matter that tenant was rent stabilized.

Seminara Pelham LLC v. Formisano: NYLJ, 10/13/04, p. 21, col. 1 (City Ct. New Rochelle; Colangelo, J)

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