Landlord Didn't Send HUD Notice

Tenants moved into a building in 1992 under a three-year HUD Section 8 lease. Landlord Federal Home Loan Mortgage Corporation (''Freddie Mac'') obtained the building in 1995 after foreclosure. Tenants joined a pending class action against landlord Freddie Mac in June 1995 to force landlord to remove lead paint from apartments with children under age 7. Landlord then served tenants with a notice to quit. Tenants claimed that landlord didn't send a HUD Section 8 notice before starting court action. Landlord claimed this wasn't required. The court ruled for tenants and dismissed the case. As successor to tenants' original lease, landlord was required to comply with Section 8 notice requirements. This was appropriate since tenants had been told that the foreclosure procedure didn't concern them and since landlord initially treated them as tenants.

Federal Home Loan Mortgage Corp. v. Franklin: NYLJ, p. 32, col. 5 (12/27/95) (Civ. Ct. Richmond; Aliotta, J)