Landlord Can't Evict Section 8 Tenant

March 1, 1993

LVT Number: 6825

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord and tenant entered into a stipulation by which tenant agreed to move out and landlord agreed to forego the rent tenant owed. A judgment was entered for landlord, and an eviction warrant was issued. Tenant wasn't represented by an attorney, but landlord was. Tenant later got an attorney and asked the court to vacate the judgment and warrant. The court found good cause and vacated the warrant. Landlord had demanded from tenant more than $1,600 above the rent established by the Housing Authority.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord and tenant entered into a stipulation by which tenant agreed to move out and landlord agreed to forego the rent tenant owed. A judgment was entered for landlord, and an eviction warrant was issued. Tenant wasn't represented by an attorney, but landlord was. Tenant later got an attorney and asked the court to vacate the judgment and warrant. The court found good cause and vacated the warrant. Landlord had demanded from tenant more than $1,600 above the rent established by the Housing Authority. Landlord also didn't repair building violations. Tenant wasn't required to pay the Section 8 portion of his rent while repairs went unmade.

[Santos v. Hendrickson: NYLJ, p. 34, col. 4 (2/1/93) (Yonkers City Court; Rabin, J)].

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