Landlord Can't Recover Retroactive Section 8 Rent Subsidy

Landlord sued HPD, seeking retroactive payment of tenant's Section 8 rent subsidy. HPD had suspended or terminated payment of the subsidy. HPD asked the court to dismiss the case. The court ruled for HPD. Landlord participated in NYCHA's Section 8 voucher program. In February 2012, HPD notified landlord and tenant that the apartment failed HPD's Housing Quality Standards (HQS) inspection. Landlord failed to correct all conditions by the required date, and the subsidy was terminated. In July 2012, landlord notified HPD that all repairs had now been made, which was confirmed by a new inspection. Landlord then sought $5,900 in retroactive subsidy payments. HPD correctly refused. The subsidy was properly reinstated after landlord passed inspection. Landlord wasn't legally entitled to retroactive restoration of the Section 8 subsidy.

751 Walton/Gerard, LLC v. HPD: 104171/12, NYLJ No. 1202602643555 (Sup. Ct. NY; 6/5/13; Kern, J)