Section 8 Tenant Submitted Late Recertification

May 31, 2003

LVT Number: 16568

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant was required to file annual income recertifications with landlord to continue getting subsidized rent. Tenant filed a late recertification in 2002, and landlord claimed that tenant owed full market rent for the months she wasn't recertified. Tenant claimed that she owed only the unsubsidized portion of her rent. The court ruled against landlord. Under HUD rules, once tenant recertified, her subsidy was applied retroactively.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant was required to file annual income recertifications with landlord to continue getting subsidized rent. Tenant filed a late recertification in 2002, and landlord claimed that tenant owed full market rent for the months she wasn't recertified. Tenant claimed that she owed only the unsubsidized portion of her rent. The court ruled against landlord. Under HUD rules, once tenant recertified, her subsidy was applied retroactively.

E. Harlem Pilot Block Bldg. 1 HDFC v. Cordero: NYLJ, 5/7/03, p. 21, col. 4 (Civ. Ct. NY; Acosta, J)

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