Subsidy Terminated Unless Tenant Can Prove Rent-Stabilization Status

April 30, 2011

LVT Number: #23371

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed that landlord was barred from seeking the contract rent after tenant's Section 8 subsidy was terminated due to her failure to disclose additional household income. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant hadn't shown that she was rent stabilized, and HPD had notified her that she was now responsible for payment of her full monthly rent.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed that landlord was barred from seeking the contract rent after tenant's Section 8 subsidy was terminated due to her failure to disclose additional household income. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant hadn't shown that she was rent stabilized, and HPD had notified her that she was now responsible for payment of her full monthly rent. Tenant was still entitled to prove that she was rent stabilized, and therefore entitled to lease renewal on the same terms and conditions, at trial, if this was the case.

Development Associates v. Velez: 31 Misc.3d 1213(A), 2011 NY Slip Op 50655(U) (Civ. Ct. Kings; 4/14/11; Heymann, J)

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