Landlord Couldn't Prove It Sent Section 8 Tenant All Required Notices

Landlord sued to evict Section 8 tenant of HUD-subsidized housing for nonpayment of rent. Landlord claimed that tenant owed over $13,000 for six months' rent because tenant failed to recertify annual income and therefore became unregulated and owed full monthly unsubsidized rent. Tenant denied that she failed to recertify and also said she had moved out. The court ruled for tenant and dismissed the case. Landlord improperly charged market rent to tenant after failing to follow numerous HUD Handbook requirements or to show that it sent tenant three required notices before deregulating her. Tenant apparently owed less than the $4,500 paid for the period in question.

Lower E. Side II Assocs. v. Aaron: 2017 NY Slip Op 51970(U), Index No. CV-002399-13 (Civ. Ct. NY; 12/19/17; Ramseur, J)