New Trial Required on Security Deposit Claim

January 1, 2004

LVT Number: 17083

Third party sued landlord for return of the security deposit he gave landlord on behalf of Section 8 tenant. Landlord claimed that tenant held over after the lease expired and that landlord was entitled to apply the security deposit to the rent owed. The court ruled for third party and awarded him $1,000. The court found that tenant didn't hold over and was responsible only for her $50 share of the last month's rent. The court also found that the Section 8 program held back its $950 share of the rent owed because of rent impairing violations. Landlord appealed.

Third party sued landlord for return of the security deposit he gave landlord on behalf of Section 8 tenant. Landlord claimed that tenant held over after the lease expired and that landlord was entitled to apply the security deposit to the rent owed. The court ruled for third party and awarded him $1,000. The court found that tenant didn't hold over and was responsible only for her $50 share of the last month's rent. The court also found that the Section 8 program held back its $950 share of the rent owed because of rent impairing violations. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Tenant didn't present enough proof at trial that she didn't hold over or that Section 8 withheld rent because of violations.

Heineman v. Shipmon: NYLJ, 12/10/03, p. 25, col. 2 (App. T. 2 Dept.; Doyle, PJ, Lifson, Rudolph, JJ)

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