Landlord Terminated Section 8 Subsidy Without Proper Notice

February 1, 2011

LVT Number: #23163

Landlord of project-based Section 8 housing sued to evict tenant for nonpayment of rent after landlord terminated tenant's rent subsidy and began charging him full contract rent. Landlord and tenant signed a settlement agreement in court for tenant to pay $25,000 in back rent. Tenant later asked the court to vacate the agreement and the eviction warrant because landlord improperly terminated his subsidy. The court ruled for tenant, vacated the agreement, and dismissed the case. Landlord claimed that tenant failed to recertify his income.

Landlord of project-based Section 8 housing sued to evict tenant for nonpayment of rent after landlord terminated tenant's rent subsidy and began charging him full contract rent. Landlord and tenant signed a settlement agreement in court for tenant to pay $25,000 in back rent. Tenant later asked the court to vacate the agreement and the eviction warrant because landlord improperly terminated his subsidy. The court ruled for tenant, vacated the agreement, and dismissed the case. Landlord claimed that tenant failed to recertify his income. But HUD regulations require landlord to send tenant a series of notices before terminating his subsidy. All of landlord's notices were untimely, and tenant said he never received them.

Diego Beekman MHA HDFC v. Torres: Index No. 39944/09, NYLJ No. 1202479408447 (Civ. Ct. Bronx; 1/19/11; Madhavan, J)

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