Landlord Didn't Send Proper Recertification Notice

Hempstead landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord had increased tenant’s rent after tenant failed to recertify her income. Tenant claimed landlord didn’t send proper notice for recertification and asked the court to dismiss the case. Tenant won. Tenant was required to recertify his income and family composition annually so that landlord could determine tenant’s share of his Section 8 rent. Landlord sent first and second recertification notices to tenant and his daughter, who lived in the apartment. Tenant answered, but tenant’s daughter didn’t. Landlord then sent a third reminder notice, and notified tenant in January 2010 of a rent increase effective Dec. 1, 2009. HUD rules require landlord to notify tenant of the amount of the rent increase resulting from failure to recertify before increasing tenant’s rent. Landlord failed to do so, and the case was dismissed.

Terrace 100 LP v. Holly: NYLJ, 7/21/10, p. 28, col. 5 (Dist. Ct. Nassau; Fairgrieve, J)