Landlord Didn't Send Notice Before Raising Rent

February 1, 2010

LVT Number: #22422

Landlord of project-based Section 8 building sued to evict tenant for nonpayment of rent, claiming that tenant owed $8,700 after his monthly rent increased from $140 to $597. Tenant asked the court to dismiss the case. He claimed that landlord didn’t send him proper HUD notices before charging the rent increase. The court ruled for tenant. Landlord sent tenant only the notices required for either an interim recertification based on a claimed change in tenant’s income, or for annual income recertification.

Landlord of project-based Section 8 building sued to evict tenant for nonpayment of rent, claiming that tenant owed $8,700 after his monthly rent increased from $140 to $597. Tenant asked the court to dismiss the case. He claimed that landlord didn’t send him proper HUD notices before charging the rent increase. The court ruled for tenant. Landlord sent tenant only the notices required for either an interim recertification based on a claimed change in tenant’s income, or for annual income recertification. So landlord couldn’t collect the increased rent claimed in its petition.

St. Johns 510 Associates v. Pierre: NYLJ, 1/7/10, p. 27, col. 3 (Civ. Ct. NY; Marton, J)

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