Landlord Improperly Terminated Tenancy

Landlord sued to evict tenant for failing or refusing to submit required and necessary documents to the Section 8 program in order to process the reinstatement of his rent subsidy. The court denied tenant's request to dismiss the case. Tenant appealed and won. Tenant argued that the Section 8 lease terminated automatically 180 days after the last housing assistance payment to landlord. Tenant then became a month-to-month rent-stabilized tenant who was entitled to a 30-day termination notice rather than the seven-day notice sent by landlord. The court found that landlord didn't adequately set forth the facts upon which the proceeding was based. Neither landlord's notices nor the petition stated the reason that tenant's subsidy had terminated or the date that the subsidy had terminated, or whether there was a lease in effect at that time.

2025 Regent, LLC v. Bennet: 31 Misc.3d 147(A), 2011 NY Slip Op 50958(U) (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)