Tenant Claims Landlord Refused Section 8 Subsidy

Landlord sued to evict tenant. Tenant, in turn, sued landlord in State Supreme Court. She claimed that landlord improperly refused to accept Section 8 housing subsidy payments for her rent. Tenant asked the Supreme Court to delay the eviction case while this case was pending. The court ruled for tenant and ordered landlord to complete a housing assistance payments (HAP) contract with and accept payment from NYCHA on tenant’s behalf without prejudice. The court also ordered NYCHA to extend the expiration date of tenant’s Section 8 voucher until the case was decided. Landlord appealed and won in part. Staying the eviction preserved the status quo and prevented irreparable harm to tenant while her case was pending. But the lower court otherwise went too far by granting tenant the ultimate relief she sought in the case. Only the stay of eviction needs to be in effect pending the final ruling on tenant’s case.

Jones v. Park Front Apartments, LLC: NYLJ, 5/27/10, p. 31, col. 6 (App. Div. 1 Dept.; Andrias, JP, Friedman, Catterson, McGuire, Roman, JJ)