Tenant Can Be Evicted for Failing to Recertify Income

July 31, 2011

LVT Number: #23537

Landlord sued to evict low-income housing tenant for failing to recertify her income, an annual requirement. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that she had deliberately refused to submit her income recertification forms to landlord. Tenant also failed to cure after proper notice from landlord. This was a breach of tenant's lease and jeopardized landlord's receipt of low-income housing tax credits from the IRS.

Landlord sued to evict low-income housing tenant for failing to recertify her income, an annual requirement. The court ruled for landlord. Tenant appealed and lost. Tenant admitted that she had deliberately refused to submit her income recertification forms to landlord. Tenant also failed to cure after proper notice from landlord. This was a breach of tenant's lease and jeopardized landlord's receipt of low-income housing tax credits from the IRS.

2 Macon Street Associates LP v. Sealy: NYLJ, 7/1/11, p. 34, col. 1 (App. T. 2d Dept.; Steinhardt, JP, Golia, Rios, JJ)

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