Termination Notice Invalid

June 30, 2011

LVT Number: #23454

Landlord sued to evict Section 8 tenant after tenant's lease expired. The court ruled for landlord, awarding a judgment of possession and issuing an eviction warrant. Tenant then asked the court to vacate the judgment and warrant, claiming that landlord's termination notice was invalid. Landlord argued that the notice, which simply advised tenant that her lease would not be renewed, was proper. The court ruled for tenant. Under federal law, a landlord can't terminate a Section 8 tenancy solely based on lease nonrenewal.

Landlord sued to evict Section 8 tenant after tenant's lease expired. The court ruled for landlord, awarding a judgment of possession and issuing an eviction warrant. Tenant then asked the court to vacate the judgment and warrant, claiming that landlord's termination notice was invalid. Landlord argued that the notice, which simply advised tenant that her lease would not be renewed, was proper. The court ruled for tenant. Under federal law, a landlord can't terminate a Section 8 tenancy solely based on lease nonrenewal. Landlord can only terminate the Section 8 tenancy for violations of applicable law or other good cause. The case was dismissed.

Fenelon v. Jones: Index No. LT-000174/11, NYLJ No. 120249590712 (Dist. Ct. Nassau; 5/24/11; Fairgrieve, J)

Topics

More like this