Recertification Process Delayed

July 31, 2003

LVT Number: 16772

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent. There was some question as to what tenant owed. Tenant's annual recertification wasn't completed until October 2001. But the court ruled that tenant's rent increase was effective retroactive to June 1, 2001, one month after the annual recertification took place because tenant caused the recertification process to be delayed. Tenant appealed, claiming that she submitted all the required paperwork on time and wasn't responsible for the recertification delay.

Landlord sued to evict HUD Section 8 tenant for nonpayment of rent. There was some question as to what tenant owed. Tenant's annual recertification wasn't completed until October 2001. But the court ruled that tenant's rent increase was effective retroactive to June 1, 2001, one month after the annual recertification took place because tenant caused the recertification process to be delayed. Tenant appealed, claiming that she submitted all the required paperwork on time and wasn't responsible for the recertification delay. The appeals court ruled for tenant and sent the case back for a trial because there had been no hearing on the disputed facts.

Spring Valley Homes Assocs. v. Logan: NYLJ, 7/17/03, p. 25, col. 4 (App. T. 2 Dept.; Doyle, PJ, Rudolph, Skelos, JJ)

Topics

More like this