Landlord Must File Holdover Proceeding Under HUD Regs

March 31, 2011

LVT Number: #23271

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent after tenant failed to meet recertification requirements for her rent subsidy. Tenant asked the court to dismiss the case, claiming that it was procedurally improper. The court ruled for tenant. HUD regulations didn't permit commencement of nonpayment proceedings. If tenant failed to recertify in a timely manner or mistakenly provided incorrect information resulting in the denial of rent subsidies, landlord must negotiate a repayment plan to recoup the money due.

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent after tenant failed to meet recertification requirements for her rent subsidy. Tenant asked the court to dismiss the case, claiming that it was procedurally improper. The court ruled for tenant. HUD regulations didn't permit commencement of nonpayment proceedings. If tenant failed to recertify in a timely manner or mistakenly provided incorrect information resulting in the denial of rent subsidies, landlord must negotiate a repayment plan to recoup the money due. Then, landlord must start a holdover eviction proceeding based on material noncompliance with the lease. The nonpayment case must be dismissed since HUD regulations must be strictly followed.

Riverdale Osbourne Towers Housing Associates LLC v. Martinez: Index No. 66539/10, NYLJ No. 1202484652313 (Civ. Ct. Kings; 2/28/11; Heymann, J)

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