Landlord Didn't Comply with HUD Notice Requirements

July 31, 2001

LVT Number: 15161

Facts: Landlord leased apartment to Section 8 tenant in 1998. Between October 1999 and April 2000, landlord sent tenant two notices stating that she violated her lease by having her children live in the apartment with her. Landlord then terminated tenant's rent subsidy and raised her rent to market rate. Landlord later sued to evict tenant for nonpayment of rent. Tenant claimed that landlord improperly raised her rent. Court: Tenant wins.

Facts: Landlord leased apartment to Section 8 tenant in 1998. Between October 1999 and April 2000, landlord sent tenant two notices stating that she violated her lease by having her children live in the apartment with her. Landlord then terminated tenant's rent subsidy and raised her rent to market rate. Landlord later sued to evict tenant for nonpayment of rent. Tenant claimed that landlord improperly raised her rent. Court: Tenant wins. HUD rules didn't require tenant to report changes in residence of children in tenant's apartment, and landlord didn't comply with HUD notice requirements before raising tenant's rent.

2921 Assocs. v. Willis: NYLJ, 7/20/01, p. 20, col. 5 (Civ. Ct. Kings; Jimenez, J)

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