Termination Notice Didn't Give Section 8 Tenants Chance to Discuss Issue

February 18, 2016

LVT Number: #26804

Landlord sued to evict HUD Section 8 tenants for violating their lease. Landlord claimed that tenants failed to disclose on their 2014 income recertification that their daughter and grandchild lived in the apartment. Tenants were required to recertify their income and household composition annually. The court granted tenants’ request to dismiss the case. Landlord’s termination notice failed to advise and give tenants the chance to meet with landlord to discuss the issue, as required by tenants’ lease.

Landlord sued to evict HUD Section 8 tenants for violating their lease. Landlord claimed that tenants failed to disclose on their 2014 income recertification that their daughter and grandchild lived in the apartment. Tenants were required to recertify their income and household composition annually. The court granted tenants’ request to dismiss the case. Landlord’s termination notice failed to advise and give tenants the chance to meet with landlord to discuss the issue, as required by tenants’ lease. Also, tenants’ failure to comply with landlord’s notice to cure, if that notice was valid, gave landlord the right only to terminate tenants’ rent subsidy, not to terminate the lease.

 

 

 
Isabel v. Cudrado: Index No. 31481/14, NYLJ No. 1202746252762 (Civ. Ct. Bronx; 12/7/15; Thermos, J)

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