Tenant Can Make Claim

April 1, 2002

LVT Number: 15758

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. She said that landlord collected rent from tenant's boyfriend in excess of her Section 8 lease amount. Landlord argued that tenant couldn't claim an overcharge because she was misleading the Section 8 program about her income level by having her boyfriend living with her. The court ruled against landlord because, otherwise, it would be encouraging agreements between tenants and landlords to withhold Section 8 eligibility information.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. She said that landlord collected rent from tenant's boyfriend in excess of her Section 8 lease amount. Landlord argued that tenant couldn't claim an overcharge because she was misleading the Section 8 program about her income level by having her boyfriend living with her. The court ruled against landlord because, otherwise, it would be encouraging agreements between tenants and landlords to withhold Section 8 eligibility information.

Crutchley v. Costa: NYLJ, 3/20/02, p. 24, col. 2 (Dist. Ct. Nassau; Gartner, J)

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