Tenant Responsible for Fair Use and Occupancy

Landlord sued tenant for nonpayment of rent after HUD terminated tenant's Section 8 rent subsidy. HUD had terminated tenant's benefits based on tenant's fraud. Tenant had claimed that her children lived with her when in fact they lived elsewhere and also received Section 8 benefits. Landlord claimed that tenant now had to pay both her portion of the rent under the lease and the Section 8 subsidy.
The court ruled against landlord. After termination of the subsidy, tenant has to pay only fair use and occupancy unless there was an agreement to transfer responsibility for the Section 8 subsidy to tenant, or a new lease. There was no such agreement. Tenant was responsible only for her share of the Section 8 rent under the terms of her lease. And since landlord didn't seek fair use and occupancy in its court papers, it had to start a new case to do so.

Douglas v. Nole: NYLJ, 7/23/08, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)