Termination of Subsidy Wasn't Grounds for Lease Termination

September 11, 2012

LVT Number: #24300

Landlord sued to evict rent-stabilized tenant after HPD terminated tenant’s Section 8 rent subsidy because tenant failed to report an additional household member in the apartment. Landlord claimed that this violated tenant’s lease. Tenant asked the court to dismiss the case, claiming that there was no lease violation. The court ruled for landlord. Tenant appealed and won. The appeals court found that landlord failed to show what lease provision tenant violated and that termination of tenant’s rent subsidy justified termination of his lease.

Landlord sued to evict rent-stabilized tenant after HPD terminated tenant’s Section 8 rent subsidy because tenant failed to report an additional household member in the apartment. Landlord claimed that this violated tenant’s lease. Tenant asked the court to dismiss the case, claiming that there was no lease violation. The court ruled for landlord. Tenant appealed and won. The appeals court found that landlord failed to show what lease provision tenant violated and that termination of tenant’s rent subsidy justified termination of his lease.


Hatim Group v. Johnson: Index No. 2011-469KC, NYLJ No. 1202568126748 (App. T. 1 Dept.; 8/7/12; Pesce, J)

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