Landlord Sent Termination Papers to HUD Tenant

(Decision submitted by Jason D. Boroff of the Brooklyn law firm of Cohen, Hurkin, Ehrenfeld, Pomerantz & Tenenbaum, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court issued a default judgment. Tenant later asked the court to vacate the default judgment and dismiss the petition. Tenant claimed that landlord didn't send any termination documents to tenant, in violation of HUD regulations. The court ruled against tenant. Landlord showed that it sent tenant several required notices, and tenant even signed a receipt for one of them. Landlord complied with HUD regulations by giving tenant proper notice of the time in which to recertify, how to recertify, and a list of missing items not yet provided, but needed to complete tenant's recertification for HUD housing. Tenant never even tried to file a late recertification and had at least six months to do so.

Seward Manor Assocs. v. McCants: Index No. 28891/99 Civ. Ct. Bronx 12/30/99; Parisi-McGowan, J) [2-pg. doc.]