Landlord Didn't Give Copy of Termination Notice to PHA

June 30, 2007

LVT Number: #19721

Landlord sued to evict Section 8 tenant after sending tenant a 30-day termination notice. Tenant had a month-to-month tenancy. Tenant asked the court to dismiss the case because landlord's notice was defective. The court ruled for tenant and dismissed the case. Landlord and tenant had signed a HUD lease in 2003. The lease was for a one-year term that automatically renewed on a month-to-month basis after that. The lease stated that before starting an eviction proceeding, landlord must send a copy of tenant's termination notice to the Public Housing Agency (PHA). Landlord never did so.

Landlord sued to evict Section 8 tenant after sending tenant a 30-day termination notice. Tenant had a month-to-month tenancy. Tenant asked the court to dismiss the case because landlord's notice was defective. The court ruled for tenant and dismissed the case. Landlord and tenant had signed a HUD lease in 2003. The lease was for a one-year term that automatically renewed on a month-to-month basis after that. The lease stated that before starting an eviction proceeding, landlord must send a copy of tenant's termination notice to the Public Housing Agency (PHA). Landlord never did so. This violated tenant's lease and federal regulations.

Sultanik v. Byrd: NYLJ, 6/27/07, p. 20, col. 1 (Justice Ct. Westchester; Connolly, J)

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