Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction

November 29, 2017

LVT Number: #28059

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8 subsidy. The court granted tenant's request to dismiss the case. Landlord may have a claim against a tenant based on tenant's failure to maintain tenant's Section 8 subsidy, for example, for failing to recertify. But there was no grounds to evict tenant solely for suspension of the subsidy due to housing violations.

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8 subsidy. The court granted tenant's request to dismiss the case. Landlord may have a claim against a tenant based on tenant's failure to maintain tenant's Section 8 subsidy, for example, for failing to recertify. But there was no grounds to evict tenant solely for suspension of the subsidy due to housing violations. And landlord's contract with NYCHA, which governed landlord's obligations under the Section 8 program, didn't place a duty on tenant to reinstate the suspended Section 8 subsidy.

Dec-Hull Realty LLC v. Moyano: Index No. L&T 62672/16, NYLJ No. 1202799495341 (Civ. Ct. Bronx; 7/31/17; Baum, J)

Topics

More like this