Landlord Can't Withdraw Apartment from Section 8 Program

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was in the Section 8 program. But landlord decided to stop accepting Section 8 payments from NYCHA, and demanded that the tenant pay her full rent. Tenant claimed that landlord couldn't withdraw from the Section 8 program. The court ruled for tenant. Because tenant's initial lease provided for the landlord's participation in the Section 8 program, discontinuing participation in the program upon lease renewal would deprive tenant of rights under rent stabilization.

1849 LLC v. Inniss: NYLJ, 11/10/04, p. 20, col. 3 (Civ. Ct. Bronx; Alpert, J)