Tenant Breached Lease by Refusing to Recertify Income

June 30, 2011

LVT Number: #23488

Landlord sued to evict rent-stabilized tenant who refused to recertify her income. This jeopardized landlord's ability to receive a federal low-income housing tax credit. The court ruled for landlord. Tenant appealed and lost. Tenant violated a substantial obligation of her tenancy when she refused to recertify her income. She admitted at trial that she did so on purpose, and didn't cure when given the chance to do so.

Landlord sued to evict rent-stabilized tenant who refused to recertify her income. This jeopardized landlord's ability to receive a federal low-income housing tax credit. The court ruled for landlord. Tenant appealed and lost. Tenant violated a substantial obligation of her tenancy when she refused to recertify her income. She admitted at trial that she did so on purpose, and didn't cure when given the chance to do so.

2 Macon Street Associates LP v. Sealy: 2011 NY Slip Op 21213, 2011 WL 2505068 (App. T. 2 Dept.; Steinhardt, JP, Golia, Rios, JJ)

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