Section 8 Tenant Didn't Repay Landlord's Payment to HUD

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant's lease required landlord to reimburse HUD for the difference between the portion of rent charged and the portion of rent that should have been paid by tenant. Because of tenant's income understatement, landlord paid $6,500 to HUD. Although tenant was informed that she would be held responsible for landlord's HUD payment, tenant didn't repay landlord. The court ruled for landlord in part. Although tenant was evicted for her failure to pay several months' rent, tenant's failure to repay landlord's HUD payment wasn't grounds for eviction. The court awarded landlord a money judgment of $6,500 plus interest, since it was tenant's responsibility to pay landlord the difference between the rent charged and what should have been paid.

Inwood Assocs. v. Sample: NYLJ, 11/14/01, p. 22, col. 6 (Dist. Ct. Nassau; Asarch, J)