Landlord Can't Sue for Nonpayment

Landlord sued to evict public housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case. She claimed that landlord had improperly terminated her Section 8 subsidy and that she had no lease agreement in place permitting landlord to demand full rent payment. The court ruled for tenant and dismissed the case. The court found that landlord gave adequate and proper notice to tenant and NYCHA that it no longer accepted Section 8 payments. But even if landlord offered tenant a proper renewal lease, there was no lease agreement in effect by which tenant agreed to pay the full rent. So landlord had to bring a holdover case against tenant for not signing the lease. Landlord couldn't sue tenant for nonpayment.

Moshulu Assocs. LLC v. Cortes: NYLJ, 4/5/06, p. 21, col. 3 (Civ. Ct. Bronx; Danzinger, J)