Tenant's Section 8 Subsidy Properly Terminated

January 1, 2007

LVT Number: 19355

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sought more rent than tenant was required to pay, and asked the court to dismiss the case. Tenant had moved into the apartment under NYCHA's Section 8 program. After tenant's initial lease had expired, landlord and tenant signed a new lease for a higher rent, but NYCHA refused to renew the benefits to tenant because the rent subsidy was more than it could pay. The court ruled against tenant. Landlord was not required to offer tenant a renewal lease, because the apartment was not subject to rent regulation.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sought more rent than tenant was required to pay, and asked the court to dismiss the case. Tenant had moved into the apartment under NYCHA's Section 8 program. After tenant's initial lease had expired, landlord and tenant signed a new lease for a higher rent, but NYCHA refused to renew the benefits to tenant because the rent subsidy was more than it could pay. The court ruled against tenant. Landlord was not required to offer tenant a renewal lease, because the apartment was not subject to rent regulation. Tenant signed the new lease knowing that NYCHA was no longer giving her Section 8 rent subsidy.

D'Ambrosio v. Rivera: NYLJ, 12/27/06, p. 23, col. 1 (Civ. Ct. Kings; Fiorella, J)

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