Landlord Waited Too Long to Seek Rent Due

June 30, 1993

LVT Number: 8012

In January 1993, landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that rent arrears had been due since July 1989. The arrears were a small portion of tenant's rent subsidy, which should have been paid by the Department of Social Service or the Section 8 program. Tenant didn't get this money directly and was unaware of the arrears. The court ruled that landlord had waited too long to sue for the rent arrears. Landlord couldn't evict tenant for any rent arrears before October 1992.

In January 1993, landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that rent arrears had been due since July 1989. The arrears were a small portion of tenant's rent subsidy, which should have been paid by the Department of Social Service or the Section 8 program. Tenant didn't get this money directly and was unaware of the arrears. The court ruled that landlord had waited too long to sue for the rent arrears. Landlord couldn't evict tenant for any rent arrears before October 1992.

Jerweb Realty Co. v. Smith: NYLJ, p. 25, col. 5 (6/30/93) (Civ. Ct. Kings; Gische, J)

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