Landlord Failed to Plead Section 8 Status

LVT Number: #26949

Landlord sued to evict tenants for nonpayment of rent. Tenants consented to a final judgment in landlord’s favor and issuance of an eviction warrant, but eviction was stayed for tenants to pay $5,120. Tenants later obtained an attorney and asked to vacate the settlement agreement and judgment. They didn’t know that their apartment was rent regulated by Section 8 or that they qualified for low-income preferential rent. The court ruled for tenants, who had unknowingly waived meritorious defenses.

Landlord sued to evict tenants for nonpayment of rent. Tenants consented to a final judgment in landlord’s favor and issuance of an eviction warrant, but eviction was stayed for tenants to pay $5,120. Tenants later obtained an attorney and asked to vacate the settlement agreement and judgment. They didn’t know that their apartment was rent regulated by Section 8 or that they qualified for low-income preferential rent. The court ruled for tenants, who had unknowingly waived meritorious defenses. Landlord’s petition also failed to plead that the building was subject to HUD/HPD low-income regulation coverage. The court also ruled that tenants could file an amended answer to landlord’s petition.

 

 
Diego Beekman Mutual Housing Assoc. HDFC v. Nieves: Index No. 23867/15, NYLJ No. 1202752743416 (Civ. Ct. Bronx; 3/10/16; Thermos, J)