Landlord Must Offer HUD Tenant Repayment Plan

May 25, 2020

LVT Number: #30787

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case for lack of subject matter jurisdiction and failure to state a cause of action. The court found that tenant's request to dismiss under CPLR Section 3211(a)(2) had no merit. But tenant was entitled to dismissal under CPLR Section 3211(a)(7) since landlord's rent demand was defective. The rent demand included sums landlord couldn't collect. Landlord claimed that tenant owed back rent because he had underreported income.

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant asked the court to dismiss the case for lack of subject matter jurisdiction and failure to state a cause of action. The court found that tenant's request to dismiss under CPLR Section 3211(a)(2) had no merit. But tenant was entitled to dismissal under CPLR Section 3211(a)(7) since landlord's rent demand was defective. The rent demand included sums landlord couldn't collect. Landlord claimed that tenant owed back rent because he had underreported income. But HUD required landlord to offer tenant a repayment plan rather than sue to evict for nonpayment. 

Clinton Arms Assocs. v. Robinson: Index No. 036836/2018, NYLJ No. 158516627 (Civ. Ct. Bronx; 3/16/20; Lach, J)

Topics

More like this