Landlord Improperly Terminated Tenant's Rent Subsidy
LVT Number: #25540
Landlord sued to evict tenant of HUD project-based Section 8 housing for nonpayment of rent. Landlord had terminated tenant's rent subsidy after tenant failed to recertify her family composition and household income. Tenant had lived in the building since 2001 and her sole source of income was public assistance from DSS. Tenant's share of the monthly subsidized rent was $312. Landlord claimed that it personally delivered to tenant on Nov. 1, 2012, a first annual recertification reminder notice, requiring recertification by March 1, 2013. Landlord sent a second reminder notice on Dec. 1, 2012, and sent a third reminder notice by certified mail on Jan. 2, 2013. The notices properly warned tenant that failure to recertify family income and composition would permit landlord to charge tenant full market rent of $1,423 per month. Landlord also sent three additional notices, to no avail. After getting no response, landlord terminated tenant's rent subsidy and on June 18, 2013, sent tenant a 10-day termination notice demanding $5,380 in rent arrears.
The court ruled for landlord after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment, and signed a settlement agreement in court that delayed the eviction provided tenant paid the back rent owed. Tenant later got an attorney and sought to vacate the new judgment and amend her answer.
The court ruled for tenant. Landlord failed to comply with federal regulations and HUD Handbook requirements for terminating tenant's Section 8 subsidy. There was no proof that landlord sent tenant the first recertification notice in November 2012. Landlord's later notices failed to include some of the information required by the HUD Handbook, including the name of the staff person to contact about scheduling a recertification interview, the contact information for that person, and the office hours, days, and location. Landlord's second notice also was sent late. So tenant's subsidy was improperly terminated, and the case was dismissed.
Lambert Houses Redevelopment Co. v. Jobi: 43 Misc.3d 1227(A), 2014 NY Slip Op 50819(U) (Civ. Ct. Bronx; 5/23/14; Vargas, J)