Termination of Subsidy Because Landlord Fails Inspection Not Grounds for Eviction

Landlord sued to evict Section 8 tenant, claiming tenant violated obligations of her tenancy. Tenant's Section 8 benefits were suspended and then terminated after her apartment failed Housing Quality Standards (HQS) inspections and didn't pass until almost three years later. Landlord claimed that after the apartment passed inspections, tenant violated her original lease by intentionally failing to submit required documents for Section 8 to process reinstatement of her subsidy. The court ruled for tenant and dismissed the case. When landlord sent tenant a notice to cure, there was no longer a contract under which tenant breached any obligations. And landlord didn't show that any lease provision created an obligation by tenant to reinstate her Section 8 voucher when it wasn't terminated by her fault. Tenant's Section 8 benefits were terminated due to landlord's failure to pass the HQS inspection.

2011 Newkirk LLC v. Legree: NYLJ, 7/29/10, p. 28, col. 1 (Civ. Ct. Kings; Finkelstein, J)