Nonpayment Case Dismissed Because Landlord Didn't Notify NYCHA

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord had an agreement with NYCHA not to seek additional rent payments from tenant beyond tenant's share of rent. But landlord later made tenant pay additional rent through a side agreement. When tenant later was unable to make the additional payments, landlord brought the nonpayment proceeding. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out. Tenant later got an attorney and asked the court to vacate the settlement agreement. The court ruled for tenant. Under the Williams Consent Decree, landlord was required to give NYCHA a copy of the court papers that were delivered to tenant and to join NYCHA to the case. Since landlord failed to do so, the settlement agreement and judgment were vacated, and the case dismissed.

Dsouza v. Vassell: NYLJ, 7/30/08, p. 29, col. 3 (Civ. Ct. Richmond, Mundy, J)