Tenant Claimed Subsidy Improperly Terminated

February 1, 1997

LVT Number: 11234

Landlord retroactively revoked tenant's Mitchell-Lama cooperative rent assistance subsidy after finding that a former employee had improperly placed tenant's name ahead of others on the subsidy waiting list. Landlord sued to evict tenant for nonpayment of the portion of rent previously covered by the subsidy. The court ruled for landlord, even though it found that landlord's records were unclear and that it had no authority to resolve the issues. Tenant appealed and won, and the court ordered a new trial.

Landlord retroactively revoked tenant's Mitchell-Lama cooperative rent assistance subsidy after finding that a former employee had improperly placed tenant's name ahead of others on the subsidy waiting list. Landlord sued to evict tenant for nonpayment of the portion of rent previously covered by the subsidy. The court ruled for landlord, even though it found that landlord's records were unclear and that it had no authority to resolve the issues. Tenant appealed and won, and the court ordered a new trial. Since there was no administrative procedure in place for review of the subsidy revocation, tenant should have been allowed to argue the merits of the case in the eviction proceeding.

1199 Housing Corp. v. McCartney: NYLJ, p. 25, col. 3 (1/28/97) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

Topics

More like this