Landlord Can't Evict Section 8 Tenant
LVT Number: #24476
Landlord sued to evict Section 8 tenant, claiming that tenant refused to pay rent for a portion of the premises that wasn't approved by a public housing agency. Tenant otherwise had paid her portion of monthly rent. The court ruled against landlord, finding that it breached its housing contract and federal regulations by charging tenant additional rent for a third-floor attic without the housing agency's knowledge or approval. Landlord should have either applied to make the attic part of tenant's Section 8 premises or blocked tenant's use of the attic as an additional bedroom.
Zic v. Smith: Index No. 12060332, NYLJ No. 1202577413640 (Justice Ct. Westchester; 11/1/12; Fried, J)