Section 8 Tenant Can't Sue HUD for Apartment Conditions

September 30, 2010

LVT Number: #22910

Tenant of subsidized housing receiving Section 8 benefits sued landlord and HUD for poor conditions. HUD claimed that it wasn't a proper party to the case. The court ruled for HUD and limited tenant's lawsuit to claims against landlord. Tenant's complaint didn't implicate HUD or any person acting on behalf of HUD. HUD subsidized the building, which was owned and managed by Manhattan North Management. Tenant claimed that HUD should have enforced landlord's duties under Section 8 of the federal Housing Act of 1937.

Tenant of subsidized housing receiving Section 8 benefits sued landlord and HUD for poor conditions. HUD claimed that it wasn't a proper party to the case. The court ruled for HUD and limited tenant's lawsuit to claims against landlord. Tenant's complaint didn't implicate HUD or any person acting on behalf of HUD. HUD subsidized the building, which was owned and managed by Manhattan North Management. Tenant claimed that HUD should have enforced landlord's duties under Section 8 of the federal Housing Act of 1937. But the Housing Act and HUD regulations don't give tenant a right to sue HUD for landlord's violation of housing quality standards.

Montgomery v. City of New York: Index No. 09 Civ. 6145, NYLJ 1202472192615 (SDNY; Holwell, J; 9/7/10)

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