Landlord's Termination Notice Didn't Comply with HUD Handbook Requirements
LVT Number: #26964
Landlord sued to evict HUD Section 8 tenant for illegal use of tenant’s apartment. Tenant was 80 years old and had lived in the apartment for 40 years. Tenant’s son and grandson were arrested in the apartment under a search warrant based on alleged illegal drug activity. Tenant denied any knowledge that family members were engaged in any illegal activity. Tenant also claimed that landlord’s termination notice failed to comply with the requirements of the HUD Handbook and that therefore the case should be dismissed.
The court ruled for tenant. Landlord was required to make clear in its notice that tenant had a right to discuss grounds for the tenancy termination with landlord within 10 days. The HUD Handbook also required landlord to advise tenants that if they had disabilities they were entitled to a reasonable accommodation to facilitate a discussion with landlord regarding the grounds for eviction. Landlord’s notice contained neither provision. It didn’t matter whether tenant was disabled or whether she would have acted differently to defend her rights if she had received proper notice. Landlord’s substantially defective termination notice wasn’t subject to cure.
East Harlem LEX Partners LP v. Neville: Index No. L&T62232/15, NYLJ 1202754690228 (Civ. Ct. NY; 3/18/16; Black, J)