Landlord Must Charge Subsidized Rent to Section 8 Tenant Who Submits Late Recertification

Facts: Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant's full rent was $1,013 per month. As a low-income tenant in project-based HUD/Section 8 housing, tenant paid only $131. Tenant was subject to annual recertification of income to maintain his rent subsidy. Tenant was two months late in completing the recertification for 2002. Landlord claimed that for the months of January and February 2002, tenant owed the full rent because he wasn't recertified during this period. Tenant claimed that the late recertification retroactively reduced his rent for those months to $131. Court: Tenant wins. Under the terms of tenant's lease, landlord can change tenant's rent or assistance payment only in accordance with procedures set forth in HUD's handbooks, instructions, and regulations. The HUD Handbook provides that tenant's share of the rent must be made retroactive to the date recertification was scheduled to be effective, even if tenant caused the recertification to be late.

Good Neighbor Apts. v. Arias: NYLJ, 6/18/03, p. 19, col. 5 (Civ. Ct. NY; Hagler, J)