Landlord's Information Needed to Process Tenant's Section 8 Application

Tenant sued landlord to force landlord to accept tenant's Section 8 subsidy. Tenant claimed that landlord refused to sign a lead paint disclosure form, which was required by NYCHA to process tenant's Section 8 benefit application. Landlord claimed that it gave tenant a lead paint disclosure certification when tenant moved in and wasn't required to provide any further lead paint notice. The court ruled for tenant. Landlord appealed and lost. Landlord's refusal to sign the lead paint notice constituted a refusal to accept tenant's Section 8 benefits and was therefore a violation of the antidiscrimination provisions of the J-51 tax abatement law. The one-time lead paint notice was a requirement of federal law. Landlord still was required to comply with state law. Tenant would be eligible for Section 8 benefits but for landlord's refusal to complete the missing lead paint disclosure form.

Rakhman v. Alco Realty I, LP: NYLJ, 2/3/11, p. 28, col. 3 (App. Div. 1 Dept.; Andrias, JP, Sweeny, Moskowitz, DeGrasse, Abdus-Salaam, JJ)