Landlord Can't Seek Full Rent After Tenant's Section 8 Subsidy Is Terminated
LVT Number: #33294
Landlord sued to evict tenant for nonpayment of rent for periods between October 2019 and January 2024. Landlord claimed that tenant owed $124,746. Tenant claimed that landlord was asking for back rent at an incorrect monthly rate. Tenant argued that landlord didn't have the authority to demand the full rental amount for months after tenant's Section 8 rent subsidy terminated because landlord didn't enter into any new agreement with tenant after the subsidy terminated.
The court agreed with tenant. Tenant's Section 8 subsidy terminated on Sept. 30, 2019. The full monthly rent after that was $2,400 per month. But case law clearly held that, absent a new rental agreement, a Section 8 tenant doesn't become liable for the Section 8 share of the rent after termination of the subsidy. Tenant's last lease agreement had expired on June 30, 2018. Any letter tenant had received from the CVR Housing Choice Voucher Program stating that tenant would be responsible for the full rent after tenant's subsidy terminated wasn't binding on the court. Landlord could seek back rent only in the amount of $427 per month. The case was restored to the court calendar for follow-up.
290 Hawthorne Realty Corp. v. Coleman: Index No. LT-0356-24, 2024 NY Slip Op 50841(U), 83 Misc.3d 1230(A)(City. Ct. Yonkers; 6/7/24; Medina, J)