22-Day Termination Notice to Section 8 Tenant Was Sufficient

Landlord sued to evict project-based Section 8 tenant for conducting criminal activity at the building. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient. Landlord's notice gave tenant 22 days to vacate or face an eviction proceeding. Tenant claimed that HUD regulations required a 30-day termination notice. But since the notice was based on material noncompliance with tenant's lease and tenant was given the required 10-day notice to speak with landlord about the proposed termination also required by the lease, landlord's notice was sufficient. The lease stated that, for material noncompliance, the time needed for termination was determined by reference to the lease and to state law. And neither the lease nor state law provided a time requirement for service of a termination notice based on material noncompliance. 

Hempstead Village Housing Associates v. Pitts: 2013 NY Slip Op 23310, 2013 WL 5226196 (Dist. Ct. Nassau; 9/18/13; Fairgrieve, J)