Landlord Must Bring Holdover Proceeding Against Section 8 Tenant
LVT Number: #19907
Landlord sued to evict HUD Section 8 tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord improperly terminated her tenancy. The court ruled for tenant and dismissed the case. Tenant improperly reported her income upon recertification. So tenant's Section 8 subsidy was reduced and tenant owed additional rent to landlord. But HUD rules and tenant's lease stated that if tenant didn't pay rent, landlord must terminate her tenancy and start a holdover proceeding. Landlord couldn't bring a nonpayment proceeding.
Remeeder HDFC, Inc. v. Robertston: NYLJ, 9/26/07, p. 27, col. 1 (Civ. Ct. Kings; Heymann, J)