Landlord Can't Evict Tenant without Termination Notice

After taking over a building in a foreclosure sale, new landlord sent tenant a 10-day notice to quit and then started an eviction proceeding. Landlord claimed that tenant had no right to remain in the building after the foreclosure. Tenant asked the court to dismiss the case. She had a Section 8 lease that ran until August 2008. She pointed out that she wasn't named as a party in the foreclosure proceeding.
The court ruled for tenant and dismissed the case. Since tenant wasn't properly named as a party in the foreclosure proceeding, her rights weren't affected by the the judgment and foreclosure sale. Also, since tenant's lease had no subordination clause, her tenancy can be terminated only in accordance with Section 8 guidelines. Federal regulations require landlord to send tenant a termination notice showing good cause, such as economic hardship, for terminating her tenancy. Landlord must send tenant a proper written termination notice before starting an eviction proceeding against her.

Countrywide Home Loans, Inc. v. Williams: NYLJ, 7/9/08, p. 28, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)