Landlord Can't Refuse Section 8 Subsidy

November 1, 2004

LVT Number: 17684

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he was entitled to Section 8 subsidy and didn't owe landlord the full amount of the monthly rent. Landlord claimed that it ended participation in the Section 8 program when tenant's last renewal lease expired. Landlord claimed that it notified tenant and NYCHA. The court ruled for tenant. Under 1996 amendments to the federal Housing Act, landlord wasn't allowed to reject the Section 8 subsidy from rent-stabilized tenant who was under Section 8 when he moved in. The case was dismissed.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he was entitled to Section 8 subsidy and didn't owe landlord the full amount of the monthly rent. Landlord claimed that it ended participation in the Section 8 program when tenant's last renewal lease expired. Landlord claimed that it notified tenant and NYCHA. The court ruled for tenant. Under 1996 amendments to the federal Housing Act, landlord wasn't allowed to reject the Section 8 subsidy from rent-stabilized tenant who was under Section 8 when he moved in. The case was dismissed.

Tibout Estates LLC v. Coleman: NYLJ, 10/19/04, p. 20, col. 1 (Civ. Ct. Bronx; Halprin, J)

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