Landlord's Sign-In/Sign-Out Rule Unreasonable

November 16, 2012

LVT Number: #24460

Landlord of HUD building sued to evict Section 8 tenant for breaching a material provision of his lease after tenant refused to comply with landlord's sign-in/sign-out procedures at the building. Tenant claimed that the rule was unreasonable and asked the court to dismiss the case. The court ruled for tenant. Tenant's conduct didn't constitute a material breach of his lease. The sign-in/sign-out procedures were used only for limited times during the day and served no clear purpose.

Landlord of HUD building sued to evict Section 8 tenant for breaching a material provision of his lease after tenant refused to comply with landlord's sign-in/sign-out procedures at the building. Tenant claimed that the rule was unreasonable and asked the court to dismiss the case. The court ruled for tenant. Tenant's conduct didn't constitute a material breach of his lease. The sign-in/sign-out procedures were used only for limited times during the day and served no clear purpose. While landlord was permitted to establish house rules under HUD regulations, this rule as currently applied was unreasonable and excessive and violated HUD guidelines for Section 8 housing.

Hempstead Village Housing Associates v. Pitts: 37 Misc.3d 1211(A), 2012 NY Slip Op 51993(U) (Dist. Ct. Nassau; 10/18/12; Ciaffa, J)

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