Landlord Didn't Follow Procedures Before Seeking Eviction of HUD Tenant

Landlord sued to evict HUD Section 8 tenant and her son for material noncompliance with tenants’ lease based on criminal activity.  Tenant’s son had pled guilty to statutory rape in another apartment of another building occupant and was being deported based on his immigration status. He surrendered his rights to the apartment. The remaining tenant was a senior citizen with numerous medical conditions. The court dismissed the case, finding that landlord failed to follow procedures to protect tenant’s due process rights as required before starting the eviction proceeding. Landlord didn’t conduct a hearing or provide tenant with a written decision supporting its reason for terminating the tenancy. This prevented tenant from taking preemptive action to challenge the grounds for termination of her tenancy.

West Farms Estates Co., LP v. Aquino: Index No. 16965/14, NYLJ No. 1202759552429 (Civ. Ct. Bronx; 5/23/16; Elsner, J)