Tenant Getting Enhanced Voucher Assistance Entitled to Renewal Lease

February 16, 2018

LVT Number: #28211

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that she received enhanced voucher assistance through the Section 8 program and therefore was protected from eviction without cause. The court ruled against tenant, who appealed and won. The Section 8 program allowed the assisted family to choose to remain in the same project they lived in on the eligibility date, and tenant exercised the right. Her tenancy could be terminated only for cause.

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that she received enhanced voucher assistance through the Section 8 program and therefore was protected from eviction without cause. The court ruled against tenant, who appealed and won. The Section 8 program allowed the assisted family to choose to remain in the same project they lived in on the eligibility date, and tenant exercised the right. Her tenancy could be terminated only for cause. Landlord otherwise had to offer tenant a renewal lease as long as tenant received Section 8 vouchers, absent good cause for tenancy termination.

385 Bayview LLC v. Warren: 2017 NY Slip Op 27429, NYLJ No. 1516266628 (App. T. 2 Dept.; 12/28/17; Marano, PJ, Garguilo, Ruderman, JJ)

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