Tenant Moved at Landlord's Request Without New Lease

Landlord sued to evict tenant, claiming that tenant was renting month-to-month and had no lease. Tenant asked the court to dismiss the case. Previously, she was a tenant in another building owned by landlord. Landlord then asked her to move to the building she presently lived in. Landlord agreed to accept tenant as a Section 8 tenant if she moved. Tenant said that it was only because of landlord's actions and promises that she moved into the new building.
The court ruled for tenant. Landlord never finalized the paperwork required for a HAP contract with HUD, so HUD revoked Section 8 payments it had started making to landlord for tenant. Tenant also failed to submitted needed paperwork to HUD. While tenant clearly never became a Section 8 tenant, landlord clearly gave tenant the impression that she would be a Section 8 tenant under a lease if she moved, and landlord offered her the new apartment. Landlord also knew the facts of the situation while tenant didn't. Tenant relied in good faith upon landlord's representations and gave up her old apartment. Under the circumstances, landlord can't treat tenant as renting month-to-month. Tenant had a one-year tenancy, which is what landlord and tenant both contemplated when tenant moved into the new building.

Anthony v. Cole: NYLJ, 1/14/09, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)