Landlord Can't Demand Discontinued Rent Subsidy from Tenant

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant’s monthly rent was $881. Although tenant had received a Section 8 rent subsidy, HPD terminated the subsidy in 2004 based on tenant’s failure to recertify. At that time, tenant’s share of the rent was $174 per month. Although tenant initially signed a settlement agreement in court agreeing to pay the back rent demanded, tenant later obtained an attorney and asked the court to reopen the case. Tenant now claimed that landlord couldn’t demand the unsubsidized portion of the rent from tenant. The court ruled for tenant. A rent-stabilized lease must be renewed on the same terms and conditions as the prior lease, and landlord’s acceptance of Section 8 payments was a term and condition of tenant’s lease. Landlord’s remedy was to legally terminate the tenancy and start a holdover eviction proceeding for tenant’s violation of the lease by failing to recertify with HPD.

835-37 Trinity Ave. HDFC v. Royal: 2010 N.Y. Slip Op. 50481, 2010 WL 1038274 (3/23/10) (Civ. Ct. Bronx; Kraus, J)