Landlord's Termination of Tenant's HUD Subsidy Invalid

Landlord sued to evict HUD tenant for nonpayment of rent. Landlord claimed that tenant's rent subsidy had been terminated and that tenant therefore owed full rent. Tenant claimed that landlord failed to give her HUD-mandated notices before terminating the subsidy and asked the court to dismiss the case. The court ruled for tenant. Landlord failed to send tenant a proper HUD recertification notice. And even if landlord could show that it sent reminder notices, these notices didn't state the name of the person in charge of scheduling recertifications or informing tenant of what documents were needed for the recertification meeting. So landlord's notices didn't comply with HUD regulations and landlord couldn't collect market rent from tenant.

Stevenson Commons Assoc. v. Vargas: Index No. 12058/11, NYLJ 1202562360107 (Civ. Ct. Bronx; 6/27/12; Avery, J)