Tenant Responsible Only for His Portion of Section 8 Rent

January 13, 2014

LVT Number: #25252

Landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the portion of a final judgment that awarded landlord $17,650. Tenant appealed and won, in part. The appeals court reduced the money judgment to $700. Landlord and tenant had signed a settlement agreement that gave landlord a judgment for the back rent in the full contract amount only if tenant's Section 8 subsidy was reinstated. This condition wasn't met.

Landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the portion of a final judgment that awarded landlord $17,650. Tenant appealed and won, in part. The appeals court reduced the money judgment to $700. Landlord and tenant had signed a settlement agreement that gave landlord a judgment for the back rent in the full contract amount only if tenant's Section 8 subsidy was reinstated. This condition wasn't met. Absent a new Section 8 agreement, tenant is responsible only for his share of the rent and not for the Section 8 portion. It also was undisputed that tenant paid that sum to landlord.

385, LLC v. Marlow: 2013 NY Slip Op 52227(U), 2013 WL 6840353 (App. T. 2 Dept.; 12/20/13; Marano, JP, Nicolai, LaSalle, JJ)

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