Tenant of Mitchell-Lama Apartment Must Pay Unsubsidized Rent

May 31, 1997

LVT Number: 11519

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Landlord claimed that tenant had to pay unsubsidized rent because his income level had risen above the qualifying level for a subsidy. Tenant claimed he still could get a rent subsidy. Landlord and tenant had previously stipulated that HUD would decide that issue. HUD found that tenant's income was too high to continue the rent subsidy. So the court ruled for landlord without a trial. Tenant had agreed to let HUD decide whether tenant was entitled to the subsidy and HUD decided that tenant must pay an unsubsidized rent.

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Landlord claimed that tenant had to pay unsubsidized rent because his income level had risen above the qualifying level for a subsidy. Tenant claimed he still could get a rent subsidy. Landlord and tenant had previously stipulated that HUD would decide that issue. HUD found that tenant's income was too high to continue the rent subsidy. So the court ruled for landlord without a trial. Tenant had agreed to let HUD decide whether tenant was entitled to the subsidy and HUD decided that tenant must pay an unsubsidized rent.

Bedford Gardens Co. v. Sander: NYLJ, p. 28, col. 5 (5/28/97) (Civ. Ct. Kings; Wendt, J)

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