Tenant Can't Maintain Two Subsidized Apartments

May 12, 2012

LVT Number: #24095

Landlord of project-based Section 8 HUD housing sued to evict tenant for material noncompliance with his lease. Landlord claimed that tenant also maintained another residence in a subsidized NYCHA apartment. HUD rules barred tenants from maintaining more than one residence. The court ruled for landlord since the HUD rules clearly barred tenant from holding on to his prior NYCHA apartment after moving into the HUD apartment. But the court gave tenant 10 days from the date of judgment in landlord's favor to cure by giving up the NYCHA unit.

Landlord of project-based Section 8 HUD housing sued to evict tenant for material noncompliance with his lease. Landlord claimed that tenant also maintained another residence in a subsidized NYCHA apartment. HUD rules barred tenants from maintaining more than one residence. The court ruled for landlord since the HUD rules clearly barred tenant from holding on to his prior NYCHA apartment after moving into the HUD apartment. But the court gave tenant 10 days from the date of judgment in landlord's favor to cure by giving up the NYCHA unit.

Lambert Houses Redevelopment Company v. Huff: 35 Misc.3d 1215(A), 2012 NY Slip Op 50709(U) (Civ. Ct. Bronx; 4/10/12; Lehrer, J)

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