Turk v. Phelps

(Onondaga County Ct., NY filed, Dec. 2002) ; Clearinghouse Number: 55087

Description

Section 8 Tenant Appeals Ruling Limiting Rent Abatement to Month When Landlord Claimed Nonpayment

Abstract

Section 8 tenant in New York in an eviction action for nonpayment of rent is appealing a city court ruling limiting rent abatement to the month when landlord claimed nonpayment. In March 2002 landlord refused to repair tenant’s apartment because she still had Christmas lights up. In April the premises failed the Section 8 program’s housing quality inspection. The program ceased paying its portion of the $600 rent in July. Tenant paid no rent in July, and landlord commenced a nonpayment proceeding alleging that tenant owed $600 for July rent. The court determined that, since the Section 8 program was no longer paying tenant’s rent, the program’s provisions no longer governed, and tenant was required to pay the full contract rent. The court granted a $350 rent abatement for July only. On appeal, tenant argues that landlord’s refusal to make necessary repairs for a reason not justifiable under the statute entitled her to rent abatement for each month during which landlord breached his obligations under the warranty of habitability. Tenant also appeals the ruling that she must pay the Section 8 program’s share of the rent. Citing a federal regulation that the family is not responsible for the portion of the rent covered under the contract between owner and housing authority, tenant argues that landlord may not unilaterally change the lease terms when tenant holds over. Tenant asserts that the law abhors forfeiture of a leasehold where landlord acts unconscionably.

Additional Information

Attorney Information
Plaintiff/appellant represented by: Lewis Liebler, Legal Servs. of Central New York, 472 S. Salina, Syracuse, NY 13202 (315.475.3127)
Docket Date
2002-12-01 00:00:00+00:00

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