Trial Needed to Determine Why DSS Stopped Making Rent Payments for Tenant

September 26, 2016

LVT Number: #27206

Landlord sued to evict tenant who received Section 8 housing vouchers for nonpayment of rent. Part of tenant’s rent also was paid by DSS. Tenant asked the court to dismiss the case, claiming that part of the rent demanded in the case was previously sent to landlord by DSS but landlord returned the payments. Landlord claimed that those checks were unacceptable due to chronic nonpayment by tenant. The court ruled for tenant in part, dismissing the portion of landlord’s claim for some older rent arrears.

Landlord sued to evict tenant who received Section 8 housing vouchers for nonpayment of rent. Part of tenant’s rent also was paid by DSS. Tenant asked the court to dismiss the case, claiming that part of the rent demanded in the case was previously sent to landlord by DSS but landlord returned the payments. Landlord claimed that those checks were unacceptable due to chronic nonpayment by tenant. The court ruled for tenant in part, dismissing the portion of landlord’s claim for some older rent arrears. But tenant hadn’t proved that the reason DSS no longer paid rent on tenant’s behalf was due to landlord’s repeated rejection of DSS checks. A trial was needed to determine the facts.

 

 

 

Wick Holding Corp. v. Montes: Index No. 66469/2015, NYLJ No. 1202765661970 (Civ. Ct. NY; 8/8/16; Weisberg, J)

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