Landlord Didn't Send Tenant Recertification Reminder Notices

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later got an attorney and asked the court to vacate the agreement. Tenant had agreed to pay $4,000 in back rent that hadn’t been paid by Section 8. Landlord claimed that tenant owed the money because she failed to recertify for Section 8 benefits in a timely manner. Tenant claimed that she followed landlord’s directions, and any delay in recertifying was due to landlord’s failure to send her required reminder notices. The court ruled for tenant and vacated the settlement. Although landlord claimed that it followed HUD recertification procedures, there was insufficient proof of mailing three reminder notices.

Albany Crossings Apartments LP v. Cole: NYLJ, 8/4/10, p. 27, col. 1 (Civ. Ct. Kings; Finkelstein, J)