Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-325234-23/BX
Petitioner
Clinton Arms Associates
Respondent
Franncisca E. Gonzalez, Gelde R. Fernandez
Judge
Hassan, Amira
Decision/Order Date
2025-10-02
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion for summary judgment, dismissing the landlord's nonpayment petition. The landlord sought market rent after purporting to terminate the tenant's HUD Project-Based Section 8 subsidy. However, the landlord failed to demonstrate compliance with HUD Handbook regulations for recertification and subsidy termination. Specifically, the recertification and termination notices lacked required information, proof of proper service (including attempted personal delivery for termination), and timely issuance. The court found that deficient recertification notices, which did not state the exact market rent, preclude a nonpayment proceeding. No question of fact existed regarding the landlord's non-compliance, necessitating dismissal.
Keywords
HUD Project-based Section 8; Nonpay Dismissed Because Landlord/Managment Office Failed to Follow HUD Regulations Prior to Terminating the Subsidy and Charging “Market” Rent; Landlord Must Attempt to Serve Three Notices to Tenant Regarding Recertification by Personal Service Before the Notices May be Served by First-Class Mail
Recommended Citation
"Clinton Arms Associates v. Gonzalez" (2025). All Decisions. 1976.
https://ir.lawnet.fordham.edu/housing_court_all/1976
