Landlord Didn't Follow HUD Rules Before Raising Rent

August 19, 2016

LVT Number: #27153

Landlord sued to evict tenant of a project-based Section 8 apartment for nonpayment of rent, claiming that tenant under-reported her income and then failed to pay her adjusted rent. Tenant asked the court to dismiss the case. Tenant claimed that, although she received notice of rent adjustments, landlord failed to comply with HUD regulations, including failing to offer a repayment plan for claimed arrears, before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Landlord failed to provide the required notice to tenant.

Landlord sued to evict tenant of a project-based Section 8 apartment for nonpayment of rent, claiming that tenant under-reported her income and then failed to pay her adjusted rent. Tenant asked the court to dismiss the case. Tenant claimed that, although she received notice of rent adjustments, landlord failed to comply with HUD regulations, including failing to offer a repayment plan for claimed arrears, before starting the eviction proceeding. The court ruled for tenant and dismissed the case. Landlord failed to provide the required notice to tenant. Landlord’s rent demand also was defective since the sums listed didn’t make up the actual amount due and weren’t a good faith approximation of the sums due. 

 

 

 
Manhattan Ave. Assoc. v. Payano: Index No. 87252/15, NYLJ No. 1202761664407 (Civ. Ct. NY; 6/13/16; Schreiber, J)

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