Tenant Not Responsible for Section 8 Portion of Rent Owed

August 31, 2011

LVT Number: #23592

Landlord sued to evict tenant for nonpayment of rent. Tenant had stopped receiving his Section 8 rent subsidy when the apartment failed the housing authority’s Housing Quality Standards inspection. Tenant had agreed to move out, but then failed to do so and became a month-to-month tenant. The terms of tenant’s lease continued to govern the tenancy. Since tenant wasn’t responsible for paying the Section 8 portion of his rent under the lease, landlord couldn’t recover it from tenant now.

Landlord sued to evict tenant for nonpayment of rent. Tenant had stopped receiving his Section 8 rent subsidy when the apartment failed the housing authority’s Housing Quality Standards inspection. Tenant had agreed to move out, but then failed to do so and became a month-to-month tenant. The terms of tenant’s lease continued to govern the tenancy. Since tenant wasn’t responsible for paying the Section 8 portion of his rent under the lease, landlord couldn’t recover it from tenant now.

Wagreich v. Recino: Index No. 159/2011, NYLJ No. 1202509028877 (Westchester Justice Ct.; 7/18/11; Fried, J)

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