Landlord Can't Seek Section 8 Portion of Rent from Tenant

August 31, 1996

LVT Number: 10893

Landlord sued to evict Section 8 tenant for nonpayment of Section 8 portion of tenant's rent. The Westchester County Public Housing Authority (PHA) had withheld the $800 payment to tenant for one month, claiming that it had made an overpayment to tenant in a prior month. Landlord claimed that tenant was responsible for payment of the amount in question. Both landlord and tenant argued that, alternatively, the court should join the PHA to the case and force payment from the agency. The court ruled against landlord.

Landlord sued to evict Section 8 tenant for nonpayment of Section 8 portion of tenant's rent. The Westchester County Public Housing Authority (PHA) had withheld the $800 payment to tenant for one month, claiming that it had made an overpayment to tenant in a prior month. Landlord claimed that tenant was responsible for payment of the amount in question. Both landlord and tenant argued that, alternatively, the court should join the PHA to the case and force payment from the agency. The court ruled against landlord. Landlord's contract with the PHA specifically states that the PHA, and not tenant, will be responsible for the Section 8 portion of the rent. And it was beyond the court's power to join the PHA to the case and make a judgment about the agency's decision.

P.J. Properties v. Correa: NYLJ, p. 26, col. 3 (8/7/96) (City Ct. Yonkers; Martinelli, J)

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