Tenant Got His Terminated Section 8 Benefits Restored

LVT Number: #30774

Landlord sued to evict tenant for failing to maintain his Section 8 rent subsidy benefits. Landlord claimed that tenant violated his lease when he was terminated from the Section 8 program in 2017. Tenant asked the court to dismiss the case because his Section 8 benefits had been restored and he therefore had cured any violation of a substantial obligation of his tenancy. The court ruled for tenant.

Landlord sued to evict tenant for failing to maintain his Section 8 rent subsidy benefits. Landlord claimed that tenant violated his lease when he was terminated from the Section 8 program in 2017. Tenant asked the court to dismiss the case because his Section 8 benefits had been restored and he therefore had cured any violation of a substantial obligation of his tenancy. The court ruled for tenant. Although landlord also argued that $3,655 in housing assistance payments (HAP) arrears had accrued while tenant had no Section 8 subsidy, landlord didn't cite this as an additional grounds to evict tenant in its court papers.

Bronx Park Phase II Pres. LLC v. Simaga: Index No. 040737/2018, NYLJ No. 1587373244 (Civ. Ct. Bronx;