Landlord Must Continue Accepting Section 8 Rent Subsidies

Landlord sued to evict ETPA tenant for nonpayment of rent. Tenant claimed that landlord refused to accept Section 8 rent subsidies on tenant's behalf, and asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and won. Under tenant's 1983 lease, prior landlord agreed to enter into a Section 8 housing assistance payments contract with the local Section 8 administrator and to accept the agency's payments of a large share of tenant's rent on tenant's behalf. Under ETPA, landlord was required to renew tenant's lease on the same terms and conditions as in prior lease. So it didn't matter that federal law was amended in such a way that landlord otherwise may have been allowed to opt out of Section 8 program.

7 Highland Management Corp. v. McCray: NYLJ, 10/3/05, p. 27, col. 4 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, McCabe, JJ)