Landlord Can't Get Full Rent from Section 8 Tenant

Landlord sued to evict NYCHA tenant for nonpayment of rent due from June 2012 through July 2013. Tenant argued that landlord's rent claim was stale. Landlord had failed to correct Housing Quality Standards violations after a NYCHA inspection, so tenant's Section 8 subsidy was suspended. NYCHA then deemed tenant's rent subsidy terminated and didn't have tenant recertify her income for 2012 and 2013. Tenant claimed that her income was reduced during that time and, if she had recertified, NYCHA would have paid an even bigger portion of her rent. The court found that landlord's unreasonable delay harmed tenant. Landlord presented no reason for failing to correct the violations in a timely manner. The court ruled for tenant in part, finding that her monthly rent due was $484 instead of $841.

15-21 Crooke LLC v. Prosper: Index No. 0854470/2013, NYLJ No. 1202665682278 (Civ. Ct. Kings; 7/21/14; Sikowitz, J)