Tenant Not Responsible for Section 8 Portion of Rent

Landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. Landlord asked to reargue, claiming that the court made a mistake. Landlord claimed that tenant was responsible for her portion of the rent, as well as the Section 8 portion. The court again ruled against landlord. Under Section 8 leases, landlords agree not to hold tenants liable for the Section 8 subsidy unless there is a new agreement by tenant to be responsible for the Section 8 portion of the rent. Although Nassau County had terminated tenant's Section 8 benefits, there was no new agreement between landlord and tenant making tenant liable for the Section 8 portion of her rent. In addition, tenant's Section 8 benefits were terminated due to violations at the building, which weren't tenant's fault. If tenant was responsible for the termination of her Section 8 benefits, landlord should bring a holdover proceeding.

New Hempstead Terrace LLC v. Reeves: NYLJ, 1/23/08, p. 31, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)