Landlord Improperly Revoked Tenant's Section 8 Subsidy

Landlord of a HUD project-based Section 8 building sued to evict tenant for nonpayment of two months' rent. Landlord claimed that because tenant filed her annual household income recertification late, it properly terminated her rent subsidy for two months before tenant finally recertified. The court ruled for landlord based on tenant's failure to appear in court.
Tenant later asked the court to vacate the default. She claimed that she had an excuse for not appearing on the court date due to a death in the family. She also claimed that she had a meritorious defense. Tenant argued that landlord didn't give her all of the notices required by HUD before terminating her subsidy. The court ruled for tenant and dismissed the case. The HUD Handbook clearly required landlord to send tenant an initial notice regarding recertification requirements before sending a first, second, and third notice. Landlord didn't sent tenant the initial notice. In addition, the notices that landlord sent were missing required information, such as the name of a staff person to contact about scheduling a certification interview, the office location, and the office hours. Landlord's third notice also was defective because it was sent to tenant 59 days before tenant's recertification date instead of the required 60 days.

Good Neighbor Apt. Associates v. Rosario: NYLJ, 7/9/08, p. 26, col. 1 (Civ. Ct. NY; Sikowitz, J)