Tenant Not Required to Complete LIHTC Rider for Renewal Lease

March 22, 2016

LVT Number: #26778

Landlord sued to evict tenant for violating a substantial obligation of her lease. Landlord claimed that tenant failed to certify her income under the Low Income Housing Tax Credit (LIHTC) program. Tenant argued that landlord improperly changed the terms of her rent-stabilized tenancy by adding LIHTC riders to her renewal lease. The court ruled against landlord and dismissed the case. The LIHTC provisions applied only to tenants in a low-income unit. Tenant wasn’t seeking a reduced rent based on her income, despite whether she qualified or not under LIHTC guidelines.

Landlord sued to evict tenant for violating a substantial obligation of her lease. Landlord claimed that tenant failed to certify her income under the Low Income Housing Tax Credit (LIHTC) program. Tenant argued that landlord improperly changed the terms of her rent-stabilized tenancy by adding LIHTC riders to her renewal lease. The court ruled against landlord and dismissed the case. The LIHTC provisions applied only to tenants in a low-income unit. Tenant wasn’t seeking a reduced rent based on her income, despite whether she qualified or not under LIHTC guidelines. Tenant had the right to choose not to participate, and landlord failed to show it would suffer sanctions based on tenant’s failure to provide the requested information. Tenant wasn’t required to execute the lease rider and certification package as a condition for continued occupancy.

 

 
OLR ECW, LP v. Soto: Index No. 42158/15, NYLJ No. 1202750743743 (Civ. Ct. Bronx; 1/29/16; Elsner, J)

Topics

More like this