Landlord Can Terminate Section 8 Lease

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord improperly terminated her rent-stabilized tenancy by refusing to continue to accept tenant's Section 8 rent subsidy. Landlord had written to the Section 8 program in August, stating that it no longer wished to accept the Section 8 program and that tenant's lease would terminate when it expired. In November, the Section 8 program gave tenant a voucher and told her to look for a new apartment. Tenant remained in landlord's building and signed a new one-year lease for $1,013 per month. Tenant had paid a much lower rent with the Section 8 subsidy. Tenant asked the court to dismiss the case. Courts: Tenant loses. The United States Housing Act was amended in 1996 to allow landlords to terminate a Section 8 tenant's lease and landlord's Section 8 participation with regard to that tenant when the tenant's lease term ended. Tenant wasn't entitled to continued Section 8 coverage if she remained in landlord's building, even though she was rent stabilized.

Eastchester LLC v. Healy: NYLJ, 4/17/02, p. 30, col. 5 (New Rochelle City Ct.; Colangelo, J)