Tenant Violated Occupancy Provision in Section 8 Lease

June 30, 2003

LVT Number: 16703

Landlord of a HUD Section 8 building sued to evict tenant for violating the occupancy restriction provision of his lease. Tenant claimed that the occupancy restriction was unenforceable under the Roommate Law RPL Section 235-f. The court ruled for landlord. Tenant appealed and lost. The occupancy restriction in tenant's lease was required by HUD under federal law. So, as stated in RPL Section 235-f(8), state law permitting tenants to have a roommate didn't apply.

Landlord of a HUD Section 8 building sued to evict tenant for violating the occupancy restriction provision of his lease. Tenant claimed that the occupancy restriction was unenforceable under the Roommate Law RPL Section 235-f. The court ruled for landlord. Tenant appealed and lost. The occupancy restriction in tenant's lease was required by HUD under federal law. So, as stated in RPL Section 235-f(8), state law permitting tenants to have a roommate didn't apply.

Pinecrest Assoc. v. Smith: NYLJ, 6/9/03, p. 33, col. 3 (App. T. 2 Dept.; Lifson, JP, Rudolph, Skelos, JJ)

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