Landlord Must Accept Section 8 Rent Subsidy

July 31, 2002

LVT Number: 16010

Facts Tenant applied for a Section 8 rent subsidy. When tenant's application was approved, landlord refused to participate in the Section 8 program. Tenant sued landlord. Tenant's lease contained a clause stating that ''Owner will accept Section 8 subsidy to tenant.'' Landlord claimed that it wasn't aware of this handwritten lease clause and questioned whether it was legitimate. Landlord also pointed out that under federal law, it wasn't required to participate in the Section 8 program. Court: Tenant wins.

Facts Tenant applied for a Section 8 rent subsidy. When tenant's application was approved, landlord refused to participate in the Section 8 program. Tenant sued landlord. Tenant's lease contained a clause stating that ''Owner will accept Section 8 subsidy to tenant.'' Landlord claimed that it wasn't aware of this handwritten lease clause and questioned whether it was legitimate. Landlord also pointed out that under federal law, it wasn't required to participate in the Section 8 program. Court: Tenant wins. Landlord bought the building from prior landlord and was bound by the lease agreement between prior landlord and tenant. Tenant's lease clearly required landlord to accept tenant's Section 8 rent subsidy.

Kouznetski v. Verga Assocs.: NYLJ, 7/10/02, p. 29, col. 2 (Sup. Ct. Kings; Dowd, J)

Topics

More like this