Landlord's Notices to Tenant Were Contradictory

September 24, 2015

LVT Number: #26530

Landlord sued to evict Section 8 tenant, claiming that tenant had failed to complete recertification with NYCHA, which resulted in termination of her rent subsidy. Tenant claimed that landlord’s notice to cure and lease termination notice were both insufficient and that the case should therefore be dismissed. Tenant also claimed that she had now recertified and thereby cured. The court ruled for tenant. Landlord’s termination notice stated that the lease terminated automatically upon termination of tenant’s rent subsidy.

Landlord sued to evict Section 8 tenant, claiming that tenant had failed to complete recertification with NYCHA, which resulted in termination of her rent subsidy. Tenant claimed that landlord’s notice to cure and lease termination notice were both insufficient and that the case should therefore be dismissed. Tenant also claimed that she had now recertified and thereby cured. The court ruled for tenant. Landlord’s termination notice stated that the lease terminated automatically upon termination of tenant’s rent subsidy. This was contrary to the 10-day cure notice landlord sent tenant because the termination notice indicated that no cure was possible. Landlord’s notices therefore were defective, and the case was dismissed.

 

 

 

Fabria Houses Assoc. v. Fontanetta: Index No. 55890/2014, NYL No. 1202735592856 (Civ. Ct. NY; 8/26/15; Wendt, J)

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