Landlord's Notice to Cure Subsidy Termination Was Fatally Defective
LVT Number: #31245
Landlord sued to evict rent-stabilized tenant based on tenant's loss of her Section 8 housing voucher due to her failure to recertify. Landlord claimed that tenant's failure to recertify for the Section 8 subsidy violated a substantial obligation of her tenancy. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice were fatally defective. The court ruled for tenant. Landlord's cure notice failed to notify tenant of her alternative right to avoid eviction by entering into a new rent-stabilized lease agreement with landlord making her responsible for the entire rent without the subsidy. Landlord's failure to offer tenant a new lease as a means to cure her default was a substantial defect and made its cure notice insufficient.
Alir Inc. v. Jiminez: 69 Misc.3d 1215(A), 2020 NY Slip Op 51385(U), NYLJ No. 1610484485 (Civ. Ct. Bronx; 11/16/20; Lutwak, J)