Landlord of Section 8 Housing Didn't Complete Recertification Before Raising Rent

Landlord of HUD Section 8 housing sued to evict tenant for nonpayment of rent. Landlord claimed that rent increases resulted after tenant failed to complete the annual recertification process required by HUD. Tenant claimed that landlord failed to complete the recertificaiton process and was therefore barred from increasing tenant's rent. The court ruled for landlord and found that tenant owed $7,626.

Tenant appealed and won. Tenant's lease provided that any rent increase must be in compliance with HUD Handbook requirements. The Handbook stated that it was landlord's responsibility to process all recertifications in a timely manner. But landlord had failed to comply with the Handbook's recertification requirements, including the requirement that tenant receive 30 days' advance notice of a rent increase. So landlord wasn't entitled to collect the increased rent and the case was dismissed.

Greater Centennial Homes Housing Development Fund, Inc. v. Jones: 2017 NY Slip Op 27147, 2017 WL 1822129 (App. T. 2 Dept.; 4/27/17; Tolbert, Garguilo, Brands, JJ)