Tenant Didn't Cause Termination of Section 8 Rent Subsidy

August 24, 2015

LVT Number: #26461

Landlord sued to evict rent-stabilized tenant for failing to complete her recertification, causing NYCHA to terminate her Section 8 subsidy for the apartment. Tenant asked the court to dismiss the case, claiming that her failure to complete the recertification was cured. Tenant’s Section 8 subsidy was reinstated effective June 1, 2014, and retroactive to the March 31, 2013, lease terminate date, since the court determined that the termination was due to NYCHA’s computer error.

Landlord sued to evict rent-stabilized tenant for failing to complete her recertification, causing NYCHA to terminate her Section 8 subsidy for the apartment. Tenant asked the court to dismiss the case, claiming that her failure to complete the recertification was cured. Tenant’s Section 8 subsidy was reinstated effective June 1, 2014, and retroactive to the March 31, 2013, lease terminate date, since the court determined that the termination was due to NYCHA’s computer error. Contrary to landlord’s claim, the subsidy wasn’t terminated due to any willful act by tenant. The subsidy was terminated due to NYCHA’s finding that landlord failed to maintain the premises.

 

 

Plaza Residences LP v. Rawlerson: Index No. L&T55093/14, NYLJ 1020732165946 (Civ. Ct. Kings; 6/10/15; Scheckowitz, J)

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