Landlord Didn't Have to Process Section 8 Application

September 30, 1997

LVT Number: 11812

Landlord sued remaining occupant of deceased co-op tenant's apartment for unpaid maintenance fees. The court and appeals court ruled for landlord, and occupant appealed again. The court ruled against occupant. Landlord had no duty to mitigate the amount of unpaid maintenance by processing occupant's application for Section 8 benefits while occupant's application to become successor tenant was pending before HPD. A Section 8 application would be premature until such time as occupant became tenant.

Landlord sued remaining occupant of deceased co-op tenant's apartment for unpaid maintenance fees. The court and appeals court ruled for landlord, and occupant appealed again. The court ruled against occupant. Landlord had no duty to mitigate the amount of unpaid maintenance by processing occupant's application for Section 8 benefits while occupant's application to become successor tenant was pending before HPD. A Section 8 application would be premature until such time as occupant became tenant. In the meantime, occupant was required to pay use and occupancy in the amount of maintenance that would otherwise be due.

Lindville Housing Co. v. McGann: NYLJ, p. 26, col. 2 (9/25/97) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Nardelli, Williams, Andrias, JJ)

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