Landlord Can Recover Utility Charges in Nonpayment Case

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant didn't pay for utility charges. Tenant claimed that this wasn't rent and asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. In 1990, the city agency governing this housing project amended tenant's lease to state that landlord would provide electricity to tenant on a submetered basis. In turn, tenant would be billed monthly for the electricity as additional rent. Since the utility charges were defined as additional rent in tenant's lease, landlord could seek these charges in a summary nonpayment case. Tenant's Section 8 rent subsidy was provided under a project-based program, and there was no indication that the lease provision violated any applicable regulations.

Roosevelt Island Assocs. v. Donald: NYLJ, 5/14/04, p. 29, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)