Termination Notice for Section 8 Tenant Defective

July 31, 2003

LVT Number: 16770

Landlord sued to evict rent-stabilized Section 8 tenant. While the eviction case was pending, tenant agreed to pay use and occupancy. But tenant paid only her share of the Section 8 rent. Landlord claimed that this wasn't enough because it had terminated tenant's Section 8 subsidy. The court ruled against landlord. Landlord gave notice of termination of the Section 8 subsidy only 15 days before tenant's prior renewal lease ended. This was insufficient notice.

Landlord sued to evict rent-stabilized Section 8 tenant. While the eviction case was pending, tenant agreed to pay use and occupancy. But tenant paid only her share of the Section 8 rent. Landlord claimed that this wasn't enough because it had terminated tenant's Section 8 subsidy. The court ruled against landlord. Landlord gave notice of termination of the Section 8 subsidy only 15 days before tenant's prior renewal lease ended. This was insufficient notice. While the court didn't say how much notice was required, it suggested that landlord should give at least as much notice as required for a renewal offer under the ETPA. The ETPA requires landlord to send a renewal offer between 90 and 120 days before tenant's lease expires.

185 Union Ave. Realty Corp. v. Harris: NYLJ, 7/9/03, p. 28, col. 1 (City Ct. New Rochelle; Colangelo, J)

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