Landlord Can't Evict Tenant Who Had Lease Under LINC Program

Landlord of three-family dwelling sued to evict month-to-month tenant who received Living in Communities (LINC) program benefits. Landlord claimed that there was no effective lease. The court ruled against landlord and dismissed the case. Tenant's LINC rider stated that tenant was entitled to a self-executing renewal for a second year and three additional one-year leases after that. Landlord claimed that the LINC rider violated the Urstadt Law. The court found there were issues of fact and an appeals court had ruled that, standing alone, neither Local Law 10 nor the LINC program violated the Urstadt Law. Local Law 10 also didn't apply to buildings with fewer than five units. Landlord therefore accepted the LINC rent voucher voluntarily and the LINC contract didn't violate the Urstadt Law. Since there was a lease in effect when landlord started the eviction proceeding, tenant wasn't month-to-month, and landlord cited no valid grounds to terminate the lease before it expired. 

Delgrosso v. Sciannamea-Conklin: Index No. 56955/18, NYLJ No. 1571654218 (Civ. Ct. Bronx; 10/3/19; Jennings, J)