Tenant Claims Landlord Didn't Properly Deliver Eviction Papers

July 27, 2017

LVT Number: #27825

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a settlement agreement in court, but landlord later claimed that tenant still failed to recertify. The court would not agree to rule for landlord based on tenant's violation of the settlement agreement. Tenant hadn't waived a defense that she wasn't properly served with the eviction proceeding papers.

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a settlement agreement in court, but landlord later claimed that tenant still failed to recertify. The court would not agree to rule for landlord based on tenant's violation of the settlement agreement. Tenant hadn't waived a defense that she wasn't properly served with the eviction proceeding papers. A traverse hearing was needed to determine whether the case must be dismissed.

1691 Fulton Avenue Associates, LP v. Watson: Index No. 58639/2016, NYLJ No. 1202789583554 (Civ. Ct. Bronx; 5/30/17; Lutwak, J)

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