Landlord Didn't Properly Remind Section 8 Tenant to Recertify
LVT Number: #22548
Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed full market-rate rent after failing to recertify his annual income. Tenant claimed that landlord increased his rent improperly because it didn’t send a proper reminder notice about recertification. The court ruled for tenant and dismissed the case. Landlord’s three reminder notices didn’t refer to the provisions in tenant’s HUD-prescribed lease relating to tenant’s responsibility to recertify annually. So landlord couldn’t demand market rent.
Clinton Towers Housing Co., Inc. v. Ryan: NYLJ, 3/10/10, p. 26, col. 1 (Civ. Ct. NY; Lebovits, J)