Rent Due After Section 8 Benefits Ended

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to reconsider because he had a valid defense to the nonpayment petition. Tenant claimed he'd been paying his portion of the rent but that the city's Section 8 rent subsidy program hadn't recertified him and therefore hadn't paid its portion of tenant's rent. The court ruled for tenant and dismissed the case because landlord hadn't joined NYCHA as a party to the nonpayment case. Landlord appealed, claiming it didn't have to joint NYCHA because tenant no longer received Section 8 benefits. The appeals court ruled for landlord. The back rent sought by landlord accrued after tenant's Section 8 benefits were terminated. If tenant wanted to appeal the termination of his Section 8 benefits, he should have brought an Article 78 proceeding against the city. The termination of tenant's Section 8 benefits by itself was no defense to the nonpayment case.

Nostrand Assocs. v. Simpson: NYLJ, p. 31, col. 1 (10/1/98) (App. T. 2 Dept.; Scholnick, JP, Aronin, Patterson, JJ)