Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020

LVT Number: #30711

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's failure to relocate to a smaller apartment based on her household size and the building's occupancy standards. Tenant claimed that landlord improperly terminated her subsidy. The court ruled for landlord. Tenant refused to move from a three-bedroom to a two-bedroom apartment as required by her lease, the building's Tenant Selection Plan, and the HUD Handbook.

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's failure to relocate to a smaller apartment based on her household size and the building's occupancy standards. Tenant claimed that landlord improperly terminated her subsidy. The court ruled for landlord. Tenant refused to move from a three-bedroom to a two-bedroom apartment as required by her lease, the building's Tenant Selection Plan, and the HUD Handbook. The court granted landlord a judgment of possession and money judgment for unpaid rent.

Crotona Park Redevelopment LLC v. Williams: 2020 NY Slip Op 50221(U), NYLJ No. 1582173321 (Civ. Ct. Bronx; 2/17/20; Lutwak, J)

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