Landlord Can't Get Section 8 Share of Rent

November 1, 1999

LVT Number: 13680

Landlord sued to evict tenant for nonpayment of rent. Landlord wanted tenant to pay for the portion of rent no longer being paid by the Section 8 rent subsidy program. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant's lease specifically stated that tenant had to pay only tenant's share of the Section 8 rent. So landlord couldn't get the Section 8 share of the rent from tenant unless tenant agreed to pay it.

Landlord sued to evict tenant for nonpayment of rent. Landlord wanted tenant to pay for the portion of rent no longer being paid by the Section 8 rent subsidy program. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant's lease specifically stated that tenant had to pay only tenant's share of the Section 8 rent. So landlord couldn't get the Section 8 share of the rent from tenant unless tenant agreed to pay it.

Parkmore Properties v. Prasad: NYLJ, p. 29, col. 3 (10/19/99) (App. T.2 Dept.; DiPaola, PJ, Ingrassia, Floyd, JJ)

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