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

April 1, 2006

LVT Number: 18772

Facts: Landlord sued to evict tenant for nonpayment of a portion of her rent. Landlord claimed that tenant was unregulated and that tenant should pay full rent because her Section 8 rent subsidy had been terminated. Tenant argued that she was rent stabilized and that she didn't have to pay more than the portion of rent not covered by the Section 8 subsidy. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant was rent stabilized, but prior landlord hadn't renewed her lease since 2003. Landlord hadn't renewed participation in the Section 8 program.

Facts: Landlord sued to evict tenant for nonpayment of a portion of her rent. Landlord claimed that tenant was unregulated and that tenant should pay full rent because her Section 8 rent subsidy had been terminated. Tenant argued that she was rent stabilized and that she didn't have to pay more than the portion of rent not covered by the Section 8 subsidy. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant was rent stabilized, but prior landlord hadn't renewed her lease since 2003. Landlord hadn't renewed participation in the Section 8 program. Because tenant had a Section 8 subsidy under her last lease and had signed no further lease renewal without the Section 8 subsidy, landlord couldn't sue to evict for nonpayment of the Section 8 subsidy.

Light v. Moses: NYLJ, 3/10/06, p. 31, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)

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