HUD-Subsidized Building Still Subject to Rent Stabilization

February 27, 2017

LVT Number: #27527

Landlord sued to evict tenant’s husband after tenant died. Landlord claimed in its court papers that tenant’s apartment was not rent stabilized. Instead, landlord claimed that the apartment was federally regulated HUD housing. Tenant claimed that landlord’s listing of the apartment status was incorrect and asked the court to dismiss the case. The court ruled for tenant. HUD regulations under the Section 8 program didn’t preempt local rent stabilization laws, and the regulatory agreement between landlord and HUD required the building to be registered with the DHCR.

Landlord sued to evict tenant’s husband after tenant died. Landlord claimed in its court papers that tenant’s apartment was not rent stabilized. Instead, landlord claimed that the apartment was federally regulated HUD housing. Tenant claimed that landlord’s listing of the apartment status was incorrect and asked the court to dismiss the case. The court ruled for tenant. HUD regulations under the Section 8 program didn’t preempt local rent stabilization laws, and the regulatory agreement between landlord and HUD required the building to be registered with the DHCR. The apartment was in fact registered as rent stabilized between 2010 and 2016. Since the termination notice incorrectly stated the apartment’s rent regulatory status, the holdover petition must be dismissed.

 

 

 
Riverdale Osborne Towers Housing Assoc. LLC v. Castro: Index No. 078290/2016, NYLJ No. 1202777603047 (Civ. Ct. Kings; 1/10/17; Sikowitz, J)

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