Petition Didn't State Apartment Was Subject to Section 8

November 1, 1995

LVT Number: 10125

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's petition was defective. The court agreed and ruled for tenant, dismissing the case. Tenant wasn't rent-stabilized or rent-controlled but lived in federally subsidized housing and received a Section 8 rent subsidy. Landlord didn't state in its petition that tenant received Section 8 or which Section 8 program tenant was under. Both of these omissions made the petition defective. Federal Section 8 housing regulations are very different from those under New York law.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's petition was defective. The court agreed and ruled for tenant, dismissing the case. Tenant wasn't rent-stabilized or rent-controlled but lived in federally subsidized housing and received a Section 8 rent subsidy. Landlord didn't state in its petition that tenant received Section 8 or which Section 8 program tenant was under. Both of these omissions made the petition defective. Federal Section 8 housing regulations are very different from those under New York law.

CABS H.D.F.C., Inc. v. Maldonado: NYLJ, p. 32, col. 2 (10/25/95) (Civ. Ct. Kings; Finkelstein, J)

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