Rent Demand Didn't Notify Tenant Subsidy Would Be Terminated

Landlord sued to evict tenant for nonpayment of rent. The court gave landlord a default judgment for $7,200 and issued an eviction warrant. The court later vacated the default, and tenant asked the court to dismiss the case. Landlord had terminated tenant's rent subsidy based on tenant's failure to provide complete and accurate information during annual income and occupancy recertification. Tenant claimed that landlord did so improperly. The court ruled for tenant. In a letter to tenant, landlord failed to tell tenant what her rent would be after termination of the subsidy and didn't advise her that failure to pay the rent after termination of the subsidy could result in actions to terminate her tenancy. So landlord's rent demand was fatally defective.

Prospect Heights Associates v. Gonzalez: Index No. 104610/2010, NYLJ No. 1202532613664 (Civ. Ct. NY; 10/26/11; Lau, J)