Landlord Must Accept Section 8 Rent

Facts: Landlord sued to evict tenant for nonpayment of rent since October 1994. Tenant claimed that she was found eligible for and received a Section 8 certificate in May 1993. She said that landlord had refused to accept Section 8 rent on tenant's behalf since then. Tenant claimed that since landlord accepted Section 8 in another building, it was required to do so for her. Tenant claimed that landlord was therefore barred from collecting from her rent in excess of her share of the rent under Section 8. Landlord claimed that accepting Section 8 in another building didn't matter and that Section 8 protection applied only to prospective tenants, not to current tenants. Court: Landlord loses. Once tenant was found eligible for Section 8 benefits, the law bars landlord from refusing to accept tenant's Section 8 certificate. And as used in the Section 8 law, ''prospective'' tenant is one awaiting approval of Section 8 benefits, not one waiting to move into a building.

Realty Development Co. v. Jackson: NYLJ, p. 33, col. 3 (1/10/96) (Civ. Ct. Kings; Finkelstein, J)