Termination Notice Failed to State Tenant Received Section 8 Subsidy

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination provisions for a Section 8 tenant required by federal regulations under 24 CFR 982.310. The court ruled for tenant. The termination notice failed to indicate that tenant received a Section 8 rent subsidy. So the notice was defective and can't be amended. The petition also failed to state the facts upon which the proceeding was based. Although the amended petition stated that landlord receives partial payment of monthly rent from CVR, it failed to affirmatively state the Section 8 status of the tenant nor did it allege landlord's compliance with the Section 8 regulatory scheme. Landlord's petition also didn't state that tenant was a month-to-month tenant. 

Simpson v. Lewis: Index No. 0422-24, 2024 NY Misc. LEXIS 3189 (City Ct. Mt. Vernon; 7/26/24; Coverdale, J)