Tenant Damaged Section 8 Unit

April 1, 1993

LVT Number: 6907

Landlord sued the City of White Plains for damage caused to an apartment by a Section 8 tenant whose benefits were paid by the city's Public Housing Authority. The trial court dismissed landlord's petition. Landlord didn't follow proper procedures. Landlord should've notified the city of the damage after tenant moved out, given the city the opportunity to inspect, and presented proof that landlord first billed tenant for the damage and that tenant didn't pay. In this case, landlord didn't even bill tenant.

Landlord sued the City of White Plains for damage caused to an apartment by a Section 8 tenant whose benefits were paid by the city's Public Housing Authority. The trial court dismissed landlord's petition. Landlord didn't follow proper procedures. Landlord should've notified the city of the damage after tenant moved out, given the city the opportunity to inspect, and presented proof that landlord first billed tenant for the damage and that tenant didn't pay. In this case, landlord didn't even bill tenant. And, under federal regulations governing Section 8 subsidies, landlord could collect from the city no more than one month's rent minus any security deposit.

Schickler v. the City of White Plains: NYLJ, p. 26, col. 2 (3/23/93) ( City Ct. Yonkers; Nocca, J)

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