Landlord Getting J-51 Benefits Must Continue Accepting Section 8 Vouchers

March 1, 2006

LVT Number: 18698

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she received Section 8 benefits and that landlord was improperly suing her for the Section 8 portion of her rent. Landlord argued that it had discontinued participation in the Section 8 program and had notified tenant. Tenant argued that since landlord received J-51 tax benefits for the building, landlord couldn't discontinue Section 8. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The J-51 program required landlord to accept the assisted tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she received Section 8 benefits and that landlord was improperly suing her for the Section 8 portion of her rent. Landlord argued that it had discontinued participation in the Section 8 program and had notified tenant. Tenant argued that since landlord received J-51 tax benefits for the building, landlord couldn't discontinue Section 8. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The J-51 program required landlord to accept the assisted tenant. So landlord must accept tenant, along with her Section 8 voucher.

Cosmopolitan Assocs. LLC v. Fuentes: NYLJ, 2/7/06, p. 25, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

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