Landlord Improperly Charged Section 8 Tenant Retroactive Rent Increase

December 19, 2024

LVT Number: #33488

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. The court dismissed the case after trial. Landlord appealed and lost. Evidence at trial showed that tenant's Section 8 recertification wasn't timely processed before the August 2022 anniversary date, due to a mistake by landlord's manager. In November 2022, the subsidy was restored retroactively to August 2022. But tenant's share of the rent was increased as a result of the recertification from $762 to $1,312. The trial court dismissed the petition on equitable principles.

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. The court dismissed the case after trial. Landlord appealed and lost. Evidence at trial showed that tenant's Section 8 recertification wasn't timely processed before the August 2022 anniversary date, due to a mistake by landlord's manager. In November 2022, the subsidy was restored retroactively to August 2022. But tenant's share of the rent was increased as a result of the recertification from $762 to $1,312. The trial court dismissed the petition on equitable principles. The appeals court affirmed but for different reasons. It was undisputed that tenant wasn't given the required 30-day notice of a change in rent prior to the anniversary date, in violation of applicable HUD Handbook provisions. So the trial court properly dismissed the petition.

Lexington Ct. LLC v. Torres: Index No. 570431/24, 2024 NY Slip Op 24297 (App. T. 1 Dept.; 11/26/24; Hagler, PJ, Brigantti, James, JJ)

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