Landlord Can Seek Section 8 Tenant's Eviction in Housing Court

February 1, 2005

LVT Number: 17850

(Decision submitted by Niles Welikson of the Williston Park law firm of Horing Welikson & Rosen, PC, attorneys for the landlord.) Landlord sued to evict tenant after discontinuing participation in the Section 8 program. Tenant went to federal court and asked for an order to stop the eviction case, claiming that she was still subject to Section 8. The court ruled against tenant. The housing court could decide any questions about the applicability of tenant's Section 8 subsidy. And there was no immediate threat of eviction, so no need for a court order stopping the eviction case.

(Decision submitted by Niles Welikson of the Williston Park law firm of Horing Welikson & Rosen, PC, attorneys for the landlord.) Landlord sued to evict tenant after discontinuing participation in the Section 8 program. Tenant went to federal court and asked for an order to stop the eviction case, claiming that she was still subject to Section 8. The court ruled against tenant. The housing court could decide any questions about the applicability of tenant's Section 8 subsidy. And there was no immediate threat of eviction, so no need for a court order stopping the eviction case.

Williams v. NYCHA: Index No. 81 CV 1801 (SDNY, 1/5/05; Duffy, J) [2-pg. doc.]

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