Landlord Didn't Comply with Section 8 Conversion Process

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent totaling more than $30,000. Tenant asked the court to dismiss the case. Landlord bought the building from HUD in 2004 and signed a regulatory agreement stating that until all necessary repairs were completed, landlord wouldn't increase rents. Tenant paid $188 per month under Section 8 when landlord bought the building, but landlord claimed that the rent was $972 per month. Tenant claimed that landlord was supposed to do paperwork to convert her Section 8 subsidy, but that the conversion process was delayed for three years because landlord didn't submit HUD forms to NYCHA. Tenant also claimed that landlord failed to make repairs. The court ruled for tenant. Landlord showed no proof to rebut tenant's claims that it failed to comply with the conversion process or make repairs. Tenant's legal rent remained $188 per month. Since she paid landlord $215 per month for some period, she was entitled to a refund of $1,400.

437 Manhattan LLC v. Santos: NYLJ, 12/7/09, p. 18, col. 1 (Civ. Ct. NY; Lebovits, J)