Landlord's Notices Didn't Comply with HUD Procedures

May 24, 2019

LVT Number: #30134

Landlord sued to evict HUD-regulated tenant for nonpayment of rent, seeking arrears of over $9,200. Tenant claimed that landlord's petition was defective because landlord terminated tenant's rent subsidy without proper notification under HUD regulations. The court ruled for tenant and dismissed the case. Landlord argued that, despite delivery of three reminder notices, tenant failed to complete her annual recertification and her subsidy had been terminated. But landlord's three notices failed to comply with HUD Handbook procedures for terminating assistance.

Landlord sued to evict HUD-regulated tenant for nonpayment of rent, seeking arrears of over $9,200. Tenant claimed that landlord's petition was defective because landlord terminated tenant's rent subsidy without proper notification under HUD regulations. The court ruled for tenant and dismissed the case. Landlord argued that, despite delivery of three reminder notices, tenant failed to complete her annual recertification and her subsidy had been terminated. But landlord's three notices failed to comply with HUD Handbook procedures for terminating assistance. Even if the notices met HUD requirements, landlord failed to prove that it attempted to personally deliver and mail the notices to tenant as required.

Remeeder Houses LP v. Myrick: Index No. 072387/2018, NYLJ No. 072387/2018 (Civ. Ct. Kings; 3/8/19; Sikowitz, J)

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