Landlord Improperly Sought Eviction of Section 8 Tenant

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of his tenancy. Landlord claimed that tenant failed to maintain his Section 8 voucher after uncorrected hazardous conditions in tenant's apartment resulted in termination of landlord's Housing Assistance Program (HAP) contract with NYCHA. The court granted tenant's request to dismiss the case. The court found that landlord's notice to cure and termination notice didn't state any breach of a substantial obligation of tenant's lease. Landlord's own inaction in remedying the violations causing the Section 8 termination can't serve as grounds for terminating tenant's lease. Landlord had ample opportunity to correct the conditions that resulted in the violation. Landlord could then have certified to NYCHA that the violations were addressed or may have requested reinspection and requested reinstatement of the Section 8 subsidy.

1170 Gerard Realty LLC v. Recabarren: Index No. 00942/2017, NYLJ No. 1202801080200 (Civ. Ct. Bronx; 9/29/17; Lach, J)