Landlord Didn't State Tenant’s Section 8 Status

August 24, 2015

LVT Number: #26456

Landlord sued to evict Mitchell-Lama co-op tenant for nonpayment of monthly maintenance. The court granted tenant’s request to dismiss the case. Landlord claimed that when it started the case there was no HPD subsidy in effect, so it wasn't required to plead tenant’s Section 8 status in its court papers or serve HPD with a copy of the papers. The court ruled for tenant and dismissed the case. Landlord signed a HAP contract with HPD in January 2015 and, once signed, it agreed to be bound by the terms of the contract.

Landlord sued to evict Mitchell-Lama co-op tenant for nonpayment of monthly maintenance. The court granted tenant’s request to dismiss the case. Landlord claimed that when it started the case there was no HPD subsidy in effect, so it wasn't required to plead tenant’s Section 8 status in its court papers or serve HPD with a copy of the papers. The court ruled for tenant and dismissed the case. Landlord signed a HAP contract with HPD in January 2015 and, once signed, it agreed to be bound by the terms of the contract. Although the rent demand was dated December 2014, the notice of petition and petition were dated Feb. 9, 2015, and served on March 5. At minimum, landlord was required to serve copies of the court papers on HPD.

 

 

 

Sam Burt Houses, Inc. v. Smith: Index No. 56156/2015, NYLJ No. 1202731567320 (Civ. Ct. Kings; 6/17/15; Ressos, J)

Topics

More like this