Landlord Should Have Notified NYCHA Before Suing Tenant

Landlord sued to evict tenant for nonpayment of rent after tenant’s Section 8 payments were terminated by HPD and before NYCHA started making payments on tenant’s behalf. Tenant asked the court to dismiss the case. Tenant claimed that landlord failed to comply with a court ruling in the case of Williams v. NYCHA that required landlord to certify to NYCHA before starting the nonpayment proceeding against tenant. The court ruled for tenant. The Williams case Consent Decree required landlords of tenants receiving Section 8 benefits to notify the Section 8 provider by certification of the reasons for seeking to evict the tenant. NYCHA had issued a voucher to tenant before landlord started the case, stating that tenant’s circumstances were exactly the type that the Williams decree was intended to remedy. Because landlord didn’t certify to NYCHA before starting the case, the case must be dismissed.

Townhouse West LLC v. Williams: NYLJ, 4/23/08, p. 26, col. 3 (Civ. Ct. NY; Cohen, J)