Settlement Agreement with Section 8 Tenant Vacated

April 1, 2005

LVT Number: 18005

Landlord sued to evict tenant for nonpayment of rent. NYCHA had advised landlord and tenant that tenant's Section 8 subsidy was terminated based on a housing quality standard inspection failure. So tenant owed full rent. Landlord and tenant signed a settlement agreement in court for payment of back rent owed. Tenant later asked the court to vacate the settlement agreement. NYCHA had made a mistake. Legally, tenant couldn't be terminated from the Section 8 program based on housing quality standard violation.

Landlord sued to evict tenant for nonpayment of rent. NYCHA had advised landlord and tenant that tenant's Section 8 subsidy was terminated based on a housing quality standard inspection failure. So tenant owed full rent. Landlord and tenant signed a settlement agreement in court for payment of back rent owed. Tenant later asked the court to vacate the settlement agreement. NYCHA had made a mistake. Legally, tenant couldn't be terminated from the Section 8 program based on housing quality standard violation. The court ruled for tenant and vacated the settlement agreement based on this mistake.

Neiss v. Prince: NYLJ, 3/23/05, p. 19, col. 3 (Civ. Ct. Kings; Jimenez, J)

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