Landlord Seeks Contract Rent After Tenant's Subsidy Terminated

May 31, 2011

LVT Number: #23402

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed the full contract rent for periods after her Section 8 subsidy was terminated. Tenant asked the court to dismiss the case without a trial. She claimed that NYCHA was responsible for any balance above her portion of the subsidized rent, even after the subsidy was properly terminated, because she signed no new agreement to pay the difference. The court ruled against tenant. Since tenant wasn't rent stabilized, she couldn't rely on the lack of a new agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed the full contract rent for periods after her Section 8 subsidy was terminated. Tenant asked the court to dismiss the case without a trial. She claimed that NYCHA was responsible for any balance above her portion of the subsidized rent, even after the subsidy was properly terminated, because she signed no new agreement to pay the difference. The court ruled against tenant. Since tenant wasn't rent stabilized, she couldn't rely on the lack of a new agreement. There was no reference to payment by Section 8 in tenant's lease, and no provision that tenant couldn't be held liable for the full contract rent upon termination of her Section 8 subsidy.

Development Associates v. Velez: Index No. 76402/10, NYLJ No. 1202492662216 (Civ. Ct. Kings; 4/14/11; Heymann, J)

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