Rent Payment-Delinquent Section 8 Tenant Temporarily Dodges Boot As Landlord Fails To Comply w/ HUD Rules Governing Evictions Of Those Receiving Housing Subsidies

In Nassau County, Long Island, the New York Law Journal reports:

• A Nassau County judge dismissed a holdover proceeding filed against a Section 8 tenant because the landlord did not advise her that she could fight the action in court.
  
  According to court papers, landlord Valley Dream Housing alleges that Mary Albano owes $5,778 in rent arrears for her residence in Valley Stream and is attempting to remove her for nonpayment.
  
  The landlord gave Albano a notice of termination but in a motion to dismiss, she argues that the notice was defective because it did not advise her she has the right to fight the termination in court.
  
  In a ruling Wednesday, Nassau County District Judge Scott Fairgrieve found for Albano, writing in Valley Dream Housing v. Albano, LT-000441-16, that all notices to terminate must comply with both the U.S. Department of Housing and Urban Development Model Lease for Subsidized Programs and with federal regulations regarding the eviction of subsidized tenants.
  
  Both the model lease and 24 C.F.R. §247.4(a) require that landlords inform subsidized tenants that they may present a defense if they are targeted for eviction, and that Valley Dream Housing's failure to do so warrants dismissal of the holdover proceeding.
  
  Jane Reinhardt, a senior staff attorney with Nassau/Suffolk Law Services represented Albano.(1)

Source: Tenant Proves Faulty Notice in Holdover Proceeding (may require paid subscription; if no subscription, GO HERE, then click appropriate link for the story).

For the court ruling, see  Valley Dream Housing v. Albano, 2016 NY Slip Op 26116 (Dist. Ct. Nassau County, April 13, 2016).

-----------------------------

(1) Nassau/Suffolk Law Services is a non-profit public interest law firm providing free civil legal assistance to low income, disabled and disadvantaged individuals throughout Nassau & Suffolk Counties in New York, as well as providing legal support to church, agency and grass roots organizations that work with the poor. The staff is comprised of attorneys, paralegals, social workers and support staff.