Tenant Didn't File Notice of Claim Before Suing NYCHA

April 30, 2011

LVT Number: #23358

NYCHA issued a Section 8 voucher to tenant, who then signed a lease with landlord. Under the housing assistance payments (HAP) contract governing the building, landlord agreed to rent the apartment to tenant, not charge rent above the NYCHA-approved rent, and not demand a security deposit. After tenant's Section 8 application was processed, landlord told tenant she must pay a broker's fee and four months' rent as security. Tenant complained to NYCHA, but the agency said it couldn't help her.

NYCHA issued a Section 8 voucher to tenant, who then signed a lease with landlord. Under the housing assistance payments (HAP) contract governing the building, landlord agreed to rent the apartment to tenant, not charge rent above the NYCHA-approved rent, and not demand a security deposit. After tenant's Section 8 application was processed, landlord told tenant she must pay a broker's fee and four months' rent as security. Tenant complained to NYCHA, but the agency said it couldn't help her. Tenant then sued landlord for breach of contract, and NYCHA for failing to enforce the HAP contract. NYCHA asked the court to dismiss the case because tenant didn't file a notice of claim before starting the case. The court ruled for NYCHA. Tenant's complaint didn't state that NYCHA had violated federal civil rights, so a notice of claim was required before starting the lawsuit.

Potter v. Atarien: Index No. 7693/10, NYLJ No. 1202489136020 (Sup. Ct. Queens; 4/6/11; Markey, J)

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