Notices to Section 8 Tenant Didn't Advise Tenant of Right to Discuss Notice with Landlord

Landlord sued to evict HUD project-based Section 8 tenant for creating a nuisance. Among other things, landlord claimed that tenant’s great-grandson broke and damaged windows in the building. Tenant asked the court to dismiss the case, claiming that landlord’s predicate notices were defective because landlord should have delivered copies of its notice to cure and termination notice to HUD. The court ruled for tenant. Landlord wasn’t required to send copies of notice to HUD. But landlord was required by the HUD Handbook to include a provision in its notices advising tenant that she had 10 days to discuss termination of the tenancy with landlord after receiving the notices. Since neither landlord’s notice to cure nor its termination notices advised tenant of this right, the notices were inadequate for failure to comply with the federal regulations in the HUD Handbook. The case was dismissed.

Hamilton Heights Terrace Assoc. v. Fernandez: Index No. 70135/2015, NYLJ No. 1202755842473 (Civ. Ct. NY; 4/11/16; Weisberg, J)