Landlord Can't Sue Tenant for Section 8 Portion of Rent

Landlord sued to evict NYCHA Section 8 tenant for nonpayment of rent. Landlord sued tenant for the total contract rent, including the Section 8 subsidy. Tenant argued that landlord failed to comply with the Second Williams Consent Decree, which (1) requires landlord to get NYCHA certification before suing for nonpayment; (2) bars landlord from suing tenant for the subsidy portion of the rent; (3) requires landlord to include in its petition a statement regarding NYCHA’s response to landlord’s request for certification, and (4) requires landlord to name and serve NYCHA as a party if certification was denied or not requested. Tenant asked the court to dismiss the case. Landlord claimed that it didn’t have to comply with the consent decree since tenant no longer received Section 8 benefits. The court ruled for tenant. The Section 8 subsidy was properly terminated, but landlord can’t sue tenant for the subsidy portion of the rent during tenant’s renewal lease term since tenant agreed in her Section 8 lease to pay only her portion of the rent. Tenant wouldn’t become responsible for the Section 8 portion of the rent until signing a new lease agreement.

Ceylon Leasing LP v. Abayeva: NYLJ, 2/17/10, p. 28, col. 1 (Civ. Ct. Queens; Katz, J)