Landlord’s Termination Notice to Section 8 Tenant Was Fatally Defective

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent and material noncompliance with tenant’s lease. Tenant claimed that landlord’s lease termination notice was defective because it didn’t inform tenant that she had the right to defend the action in court. The court ruled for tenant and dismissed the case. HUD’s model lease for subsidized programs included a provision for “Termination of Tenancy,” which stated that any termination of a tenancy must be carried out in compliance with HUD regulations and applicable law. HUD’s model lease also provided that if a landlord proposed to terminate a tenancy, the termination notice must give tenant 10 days to meet with landlord and discuss the proposed tenancy termination. The HUD Handbook and federal rules governing this housing also required a termination notice to advise tenant that she could defend against the termination in court. Landlord’s termination notice didn't inform tenant that she may present a defense to landlord’s commencement of eviction proceedings in court.

Valley Dream Housing Co., Inc. v. Albano: 2016 NY Slip Op 26116, 2016 WL 1455995 (Dist. Ct. Nassau Co.; 4/13/16; Fairgrieve, J)