Landlord Needn't Accept Section 8 Payments After HAP Contract Expired

December 1, 2004

LVT Number: 17751

(Decision submitted by Niles C. Welikson of the Williston Park law firm of Horing Welikson & Rosen, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that she was covered by Section 8 and that landlord had improperly rejected HPD's payment of the large portion of her rent formerly paid by the Section 8 program. Landlord argued that it didn't renew its HAP contract, and so it was no longer required to accept Section 8 payments. The court ruled for landlord. Federal law allows landlords to opt out of the HAP contract.

(Decision submitted by Niles C. Welikson of the Williston Park law firm of Horing Welikson & Rosen, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that she was covered by Section 8 and that landlord had improperly rejected HPD's payment of the large portion of her rent formerly paid by the Section 8 program. Landlord argued that it didn't renew its HAP contract, and so it was no longer required to accept Section 8 payments. The court ruled for landlord. Federal law allows landlords to opt out of the HAP contract. Although tenant claimed that her Section 8 status was part of her rights under her rent-stabilized lease, there was no binding legal authority for this position. The DHCR, in fact, ruled to the contrary in a prior case it had decided.

Cosmopolitan Assocs., LLC v. Ortiz: NYLJ, 11/12/04, p. 20, col. 1 (Civ. Ct. Queens; Waithe, J)

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