Landlord Didn't Send Proper Notice to Tenant in Subsidized Apartment

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by stipulation; tenant didn't have an attorney. The stipulation provided that tenant would pay the full apartment rent, even though she had previously been subsidized by HUD. Later, tenant got an attorney, who asked the court to vacate the stipulation and judgment. The court ruled for tenant and reopened the case. Tenant's rent was subsidized by HUD's Rent Supplement program. Landlord claimed it was entitled to full rent from tenant because she didn't recertify with HUD on time. Landlord was correct in claiming that the HUD Handbook required tenant to pay market rent if she didn't recertify on time. But the handbook also required landlord to send tenant two additional reminders if tenant didn't comply with the first notice to recertify. Landlord didn't send the third notice.

D.U. Third Realty Co. v. Murphy-Young: NYLJ, p. 28, col. 5 (3/15/95) (Civ. Ct. Kings; Birnbaum, J)