Mitchell-Lama Co-op Tenant Cured Failure to Recertify Income

Landlord, a limited profit cooperative corporation, sued to evict Mitchell-Lama tenant based on tenant's failure to submit annual income affidavits for the years 2019-2022 in violation of Mitchell-Lama program rules and tenant's lease. Landlord also claimed that tenant failed to pay monthly maintenance as well as surcharges imposed because of tenant's untimely submission of the income affidavits. Tenant claimed that she had submitted all necessary income affidavits before the deadline set forth in landlord's notice to cure, thereby obviating any alleged default. The court agreed and dismissed the case. Tenant submitted all missing income affidavits by the cure date set forth in landlord's notice to cure. Landlord claimed that it had a separate grounds to seek eviction based on tenant's willful misrepresentation or concealment of material facts that would affect his eligibility for continued occupancy at the building. While such actions by a tenant aren't curable under applicable regulations, landlord's termination notice provided no facts specific enough to support this claim. 

Rochdale Vil., Inc. v. Hallerdin-Grant: Index No. LYT 317963/2023, 2024 NY Slip Op 24192 (Civ. Ct. Queens; 7/10/24; Schiff, J)