Tenant Not Responsible for Full Rent After Subsidy Terminated

April 30, 2011

LVT Number: #23363

Landlord sued to evict Section 8 tenant for nonpayment of rent. HPD had terminated tenant's Section 8 rent subsidy for violating requirements. Landlord claimed that tenant now owed the full monthly rent. The court ruled against landlord, finding that tenant wasn't responsible for the previously subsidized portion of the rent, even after the subsidy was terminated. Termination of the rent subsidy also automatically terminated the tenancy. But landlord didn't enter a new lease agreement, and continued to accept tenant's prior share of the rent. The case was dismissed.

Landlord sued to evict Section 8 tenant for nonpayment of rent. HPD had terminated tenant's Section 8 rent subsidy for violating requirements. Landlord claimed that tenant now owed the full monthly rent. The court ruled against landlord, finding that tenant wasn't responsible for the previously subsidized portion of the rent, even after the subsidy was terminated. Termination of the rent subsidy also automatically terminated the tenancy. But landlord didn't enter a new lease agreement, and continued to accept tenant's prior share of the rent. The case was dismissed.

Heywood Towers Associates v. Hussain: Index No. 87718/2009, NYLJ No. 1202489592947 (Civ. Ct. NY; 3/28/11; Hahn, J)

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