Landlord Didn't Comply with HUD Notice Requirements

Landlord sued to evict HUD tenant for nonpayment of rent. Tenant claimed rent overcharge. Landlord had terminated tenant's HUD rental assistance payments because tenant hadn't submitted the recertification papers on time. Tenant claimed that once he submitted the papers, his rent should have been reduced. The court ruled against landlord. The HUD handbook clearly states that penalties such as termination of assistance payments can only be made if HUD notice requirements are complied with. Landlord didn't advise tenant that he was entitled to a meeting with landlord to discuss the proposed termination of assistance payments. This procedure was also required by tenant's lease. Since landlord didn't comply with HUD procedures, termination of tenant's benefits was improper. As a result, there was an overcharge of over $33,000.

Bedford Gardens Co. v. Rosenberg: NYLJ, p. 33, col. 6 (6/12/96) (Civ. Ct. Kings; Callender, J)