Landlord Can't Unilaterally Opt Out of Section 8 Program

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she received a Section 8 subsidy and that landlord had refused to accept her portion of the rent. Landlord claimed that it had opted out of the Section 8 program. The court ruled for tenant and dismissed the case. Tenant was rent-stabilized, and acceptance of her Section 8 status was part of her initial lease agreement. So, even though the 1996 amendments to the United States Housing Act allowed landlord to end its participation in the Section 8 program, landlord can't do so if it changes the agreed-upon terms of the rent-stabilized tenancy. In addition, landlord gave no notice to NYCHA or tenant of its intent to opt out of Section 8.

Bran-Trav Development LLC v. Matus: NYLJ, 8/11/04, p. 19, col. 3 (Civ. Ct. Kings; Sikowitz, J)