Landlord sued to evict Section 8 tenant from HUD housing because tenant permitted other occupants to live with her without landlord’s knowledge, in violation of her lease and HUD guidelines. Tenant asked the court to dismiss the case. Tenant claimed that landlord didn’t state tenant’s Section 8 status in the court papers. Tenant also claimed that landlord’s termination notice didn’t state enough facts to apprise tenant of landlord’s claim.
The court ruled against tenant. The fact that landlord didn’t state tenant’s Section 8 status in the petition wasn’t a defect that required dismissal of the case. The termination notice was sufficient when read in connection with landlord’s notice to cure. The termination notice stated that tenant was in material noncompliance, in violation of paragraph 13 of her lease, because she allowed several individuals who weren’t listed on tenant’s certification or recertifications to reside in the apartment with her, without landlord’s written consent. Landlord sent tenant a notice to cure before sending the termination notice. Landlord attached a copy of the cure notice to the termination notice. The cure notice stated the names of the people who were living in the apartment with tenant.
New Greenwich Gardens Associates LLC v. Saunders: 2009 WL 175013 (1/27/09)(Dist. Ct. Nassau; Fairgrieve, J)
