Termination Notice Improperly Delivered

January 13, 2013

LVT Number: #24545

Landlord sued to evict tenant from project-based Section 8 housing. Tenant claimed that the 30-day tenancy termination notice was improperly delivered, so the case should be dismissed. The court ruled against tenant, who appealed and won. The termination notice was personally delivered to tenant's 16-year-old son. While the service was made in compliance with state law under Civil Practice Laws and Rules Section 308(2), federal rules under 24 CFR 247.4(b) govern termination of tenancies of this federally subsidized housing project.

Landlord sued to evict tenant from project-based Section 8 housing. Tenant claimed that the 30-day tenancy termination notice was improperly delivered, so the case should be dismissed. The court ruled against tenant, who appealed and won. The termination notice was personally delivered to tenant's 16-year-old son. While the service was made in compliance with state law under Civil Practice Laws and Rules Section 308(2), federal rules under 24 CFR 247.4(b) govern termination of tenancies of this federally subsidized housing project. HUD Handbook 4350.3 required delivery of notices to an individual who is either at least 18 years old or an emancipated minor.

Cromwell Towers Redevelopment Company LP v. Blackwell: 38 Misc.3d 129(A), 2012 NY Slip Op 52389(U) (App. T. 9th & 10th; 12/20/12; LaCava, JP, Iannacci, LaSalle, JJ)

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