Tenant's Portable Section 8 Voucher Didn't Exempt Apartment from Good Cause Eviction Law

Landlord sued to evict tenant after sending a 90-day termination notice. Landlord claimed that the apartment wasn't subject to rent regulation because the building was built after 1974 and there was no applicable 421-a or J-51 tax benefit for the building. Tenant asked the court to dismiss the case because landlord didn't state why the apartment was exempt from the Good Cause Eviction (GCE) Law that became effective on April 20, 2024. Landlord, in turn, asked for permission to amend its petition to state that the premises wasn't subject to the GCE law because tenant received a portable Section 8 rent subsidy voucher. Landlord also claimed that, since the termination notice was sent to tenant on March 22, 2024, this was before the GCE law took effect. 

The court granted landlord's request to amend the petition to state that the tenancy was exempt from the GCE law. But landlord's claim was incorrect. Tenant's receipt of a portable Section 8 rent voucher didn't regulate the amount of rent that can be charged for the unit or dictate the terms of an eviction within a HUD-based Section 8 building, NYCHA complex, HPD regulated housing, or rent-stabilized unit. The rules regarding eviction or rents are determined by the type of unit, not the type of subsidy a tenant may have. Landlord's claim that the premises was exempt from the GCE law because tenant had a portable Section 8 voucher had no basis under the GCE law. The case was dismissed. 

Emerald Lofts, LLC v. Echevarria: Index No. LT 320752/24, 2025 NY Slip Op 25131, NYLJ No. 1748912914 (Civ. Ct. Kings; 5/30/25; Cohen, J)