Landlord Can't Seek Back Rent from Section 8 Successor Tenant

Landlord sued to evict Section 8 successor tenant for nonpayment of rent. Tenant was the daughter of the prior tenant. Landlord claimed that new tenant should be responsible for the resident share of the subsidized rent retroactively to August 2017 when recertification was required by the prior tenant. But new tenant wasn't recognized in landlord's recertification process as head of household for the apartment until April 2019. Tenant opposed landlord's claim concerning the period she should be responsible for the rent.

The court ruled against landlord, finding that only rent due for periods since January 2019 could be subject to a judgment of possession in this eviction proceeding. Recertification notices in 2017 were addressed only to prior tenant. Landlord can't refuse to retroactively recognize new tenant as head of household while also holding her responsible retroactively for rent arrears. In addition, any market rent owed can't be the subject of a possessory judgment under HUD rules. 

328-36 W. 53rd St. Redevelopment Co. v. Luna: Index No. LT062878-19 (Civ. Ct. NY; 2/17/23; Chinea, J)