Section 8 Tenant Not Responsible for Full Rent After Subsidy Terminated

December 7, 2014

LVT Number: #25840

Landlord sued to evict tenant for nonpayment of rent. Tenant had received a Section 8 subsidy in the past, but landlord now sought the full rent arrears from tenant. The court ruled for landlord. Tenant appealed and won. Absent proof of a new agreement, and there was none here, a Section 8 tenant doesn't become liable for the Section 8 program portion of her rent even after termination of the Section 8 subsidy. The case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant had received a Section 8 subsidy in the past, but landlord now sought the full rent arrears from tenant. The court ruled for landlord. Tenant appealed and won. Absent proof of a new agreement, and there was none here, a Section 8 tenant doesn't become liable for the Section 8 program portion of her rent even after termination of the Section 8 subsidy. The case was dismissed.

Malcolm X Apartments, Inc. v. Allen: 45 Misc.3d 129(A), 2014 NY Slip Op 51567(U) (App. T. 1 Dept.; 11/3/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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