Landlord Didn't Show Any Section 8 Subsidy Fraud by Tenant

Landlord sued to evict rent-stabilized tenant for breach of a substantial obligation of her tenancy. Landlord claimed that tenant failed to maintain her Section 8 subsidy due to fraud. Tenant argued that her subsidy was terminated in 2013 because her apartment repeatedly failed NYCHA's housing quality standards inspections. Despite her attempts to reinstate the subsidy, it was denied on default. Tenant then signed a two-year lease with landlord in 2015 and paid full rent. The court ruled against landlord. Tenant's termination notice didn't state any additional facts to prove a claim of breaching obligations of her tenancy under Rent Stabilization Code Section 2524.3(b). There was no violation of a Housing Assistance Payment contract since there was no contract. And tenant hadn't had any Section 8 voucher for more than four years.

1507 Johns LLC v. Hernandez: Index No. 65494/17, NYLJ No. 1516311567 (Civ. Ct. Kings; 12/22/17; Ofshtein, J)