Landlord Can't Evict Tenant for Not Renewing His Section 8 Voucher

Landlord sued to evict tenant, who previously had received a Section 8 Housing Choice Voucher, and claimed that tenant breached his lease by failing to return his annual recertification package HPD. This resulted in tenant's termination from the Section 8 program on Aug. 31, 2010. Landlord argued that tenant's lease required him to promptly comply with all laws, orders, rules, requests, and directions of all governmental authorities. The court ruled against landlord and dismissed the case. The lease contained no condition that tenant maintain his Section 8 rent subsidy. And there was no law, order, rule, request, or direction that imposes an obligation on a Section 8 recipient to preserve his subsidy. Landlord also waited more than six years to make the lease violation claim against tenant, in violation of the statute of limitations. There was no continuing wrong and therefore no continuing breach of any lease obligation that could have extended the six-year time limit on the claim.

Grand Concourse East HDFC v. DeJesus: 2018 NY Slip Op 28260, 2018 WL 4055783 (Civ. Ct. NY; 8/23/18; Bacdayan, J)