Section 8 Tenant Can Vacate Settlement Agreement

January 1, 2002

LVT Number: 15519

Landlord sued to evict Section 8 tenant after tenant's Section 8 lease expired. Landlord's subsidy payments had been suspended because of his failure to make repairs. Tenant signed a settlement agreement to move out before Sept. 30. Tenant later got an attorney and asked the court to vacate the agreement based on landlord's failure to comply with procedures governing eviction cases involving Section 8 tenants. The court ruled for tenant and dismissed the eviction petition. NYCHA had sent landlord a letter telling him he had begun the eviction case in violation of a prior court ruling.

Landlord sued to evict Section 8 tenant after tenant's Section 8 lease expired. Landlord's subsidy payments had been suspended because of his failure to make repairs. Tenant signed a settlement agreement to move out before Sept. 30. Tenant later got an attorney and asked the court to vacate the agreement based on landlord's failure to comply with procedures governing eviction cases involving Section 8 tenants. The court ruled for tenant and dismissed the eviction petition. NYCHA had sent landlord a letter telling him he had begun the eviction case in violation of a prior court ruling. Landlord needed NYCHA's consent, or to make it a party, prior to starting the eviction case.

Williams v. Blacks: NYLJ, 12/26/01, p. 21, col. 1 (Civ. Ct. Queens; Grayshaw, J)

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