Landlord Refused Tenant's Section 8 Voucher

May 31, 1995

LVT Number: 9767

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord refused to accept tenant's Section 8 rent voucher. Tenant therefore had to pay full rent. Tenant claimed breach of contract and rent overcharge. The court ruled that tenant could raise these claims. Landlord accepted Section 8 vouchers from other tenants. So landlord had a duty under both the Section 8 program and tenant's lease to deal fairly and in good faith. And since tenant paid more to landlord than she otherwise would have had to, she could claim a rent overcharge.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord refused to accept tenant's Section 8 rent voucher. Tenant therefore had to pay full rent. Tenant claimed breach of contract and rent overcharge. The court ruled that tenant could raise these claims. Landlord accepted Section 8 vouchers from other tenants. So landlord had a duty under both the Section 8 program and tenant's lease to deal fairly and in good faith. And since tenant paid more to landlord than she otherwise would have had to, she could claim a rent overcharge.

760 Montgomery St. Corp. v. Tobin: NYLJ,p. 30, col. 4 (5/16/95) (Civ. Ct. Kings; Lau, J)

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