Landlord Can Opt Out of Section 8 Lease

January 1, 2005

LVT Number: 17818

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that she was entitled to a Section 8 rent subsidy and that landlord wasn't entitled to demand full rent amount from her. Landlord argued that she had opted out of the Section 8 program at the end of tenant's last lease by notifying NYCHA and tenant that she wasn't renewing participation. The court ruled for landlord. Federal law changes eliminated ''endless leases'' in the Section 8 program. Landlord had the right to opt out of the Section 8 program.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that she was entitled to a Section 8 rent subsidy and that landlord wasn't entitled to demand full rent amount from her. Landlord argued that she had opted out of the Section 8 program at the end of tenant's last lease by notifying NYCHA and tenant that she wasn't renewing participation. The court ruled for landlord. Federal law changes eliminated ''endless leases'' in the Section 8 program. Landlord had the right to opt out of the Section 8 program.

Licht v. Moses: NYLJ, 12/15/04, p. 19, col. 3 (Civ. Ct. Kings; Heymann, J)

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