Landlord Must Renew Tenant's Lease After Subsidy Terminated

LVT Number: #22785

Landlord sued to evict rent-stabilized tenant for violating her lease by reason of termination of her Section 8 benefits. Landlord and tenant, who appeared without an attorney, signed a settlement agreement in court. Tenant agreed to either move out within two months or pay back rent owed and comply with terms required for reinstatement of Section 8 benefits. Tenant later obtained counsel and asked the court to vacate the settlement agreement. Tenant won. Termination of tenant’s Section 8 subsidy wasn’t a valid grounds for evicting a rent-stabilized tenant.

Landlord sued to evict rent-stabilized tenant for violating her lease by reason of termination of her Section 8 benefits. Landlord and tenant, who appeared without an attorney, signed a settlement agreement in court. Tenant agreed to either move out within two months or pay back rent owed and comply with terms required for reinstatement of Section 8 benefits. Tenant later obtained counsel and asked the court to vacate the settlement agreement. Tenant won. Termination of tenant’s Section 8 subsidy wasn’t a valid grounds for evicting a rent-stabilized tenant. Tenant had no attorney and didn’t understand this when she signed the settlement agreement. So the settlement agreement was unfair and could be revoked.

Harlem Valley HDFC v. Williams: NYLJ, 7/14/10, p. 26, col. 1 (Civ. Ct. NY; Scheckowitz, J)