Landlord Didn't Send Copy of Notice to Cure to NYCHA

September 24, 2023

LVT Number: #32764

Landlord sued to evict NYCHA Section 8 tenant for breach of tenant's lease by unauthorized installation of a washing machine. Tenant asked the court to dismiss the case based on defective preliminary notices. The court ruled for tenant. Although NYCHA certification wasn't required, landlord should have served a notice to cure on NYCHA before starting the eviction case. But landlord only served NYCHA with a copy of the lease termination notice. This violated the federal Williams Consent Decree.

Landlord sued to evict NYCHA Section 8 tenant for breach of tenant's lease by unauthorized installation of a washing machine. Tenant asked the court to dismiss the case based on defective preliminary notices. The court ruled for tenant. Although NYCHA certification wasn't required, landlord should have served a notice to cure on NYCHA before starting the eviction case. But landlord only served NYCHA with a copy of the lease termination notice. This violated the federal Williams Consent Decree. The Williams Consent Decree, and not NYCHA's notices, governed the procedures for commencing an eviction proceeding against a NYCHA Section 8 tenant.

1551 St. Nicholas LLC v. Rodriguez: Index No. LT-304338-20, NYLJ No. 1692237072 (Civ. Ct. NY; 8/11/23; Fang, J)

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