Landlord Improperly Terminated Section 8 Tenancy

May 31, 2011

LVT Number: #23437

Landlord sued to evict Section 8 tenant after sending a notice of intention not to renew tenant's Section 8 lease. After the court ruled for landlord, tenant asked the court to vacate the judgment and eviction warrant. The court ruled for tenant and dismissed the case. Landlord's termination notice was invalid because it terminated the tenancy solely because of expiration of an initial or subsequent renewal term. In addition, landlord didn't send a copy of the notice to the public housing authority, as required by law.

Landlord sued to evict Section 8 tenant after sending a notice of intention not to renew tenant's Section 8 lease. After the court ruled for landlord, tenant asked the court to vacate the judgment and eviction warrant. The court ruled for tenant and dismissed the case. Landlord's termination notice was invalid because it terminated the tenancy solely because of expiration of an initial or subsequent renewal term. In addition, landlord didn't send a copy of the notice to the public housing authority, as required by law.

Fenelon v. Jones: 31 Misc.3d 1230(A), 2011 NY Slip Op 50915(U) (Dist. Ct. Nassau; 5/24/11; Fairgrieve, J)

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