Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction

November 29, 2017
LVT Number: #28059

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8 subsidy. The court granted tenant's request to dismiss the case. Landlord may have a claim against a tenant based on tenant's failure to maintain tenant's Section 8 subsidy, for example, for failing to recertify. But there was no grounds to evict tenant solely for suspension of the subsidy due to housing violations.

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Dec-Hull Realty LLC v. Moyano: Index No. L&T 62672/16, NYLJ No. 1202799495341 (Civ. Ct. Bronx; 7/31/17; Baum, J)