Landlord Must Accept DSS Shelter Allowance Payments as Rent

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. Tenant claimed that it had tendered the rent claimed due but that landlord had rejected the payment. Tenant also claimed that landlord refused to accept rent paid by DSS as a shelter allowance on her grandson's behalf. Landlord argued that the DSS funds weren't issued for the tenant of record. But it was undisputed that tenant's 8-year-old grandson lived with her and Real Property Law Section 235-f prohibits landlord from restricting tenant's occupancy and that of her family, including dependent children, which landlord's refusal to accept the shelter allowance toward rent effectively did. 

PCMH 2950 Grand Concourse, LP v. Jones: Index No. 62655/2013, NYLJ No. 1202668581770 (Civ. Ct. Bronx; 7/3/14; Stroth, J)