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
325234-23/BX
Slip Opinion Number
2025 NY Slip Op 33861(U)
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
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding for a project-based Section 8 unit, the court granted the tenant's motion to amend her answer and for summary judgment, dismissing the case. The landlord failed to comply with mandatory HUD Handbook recertification and termination procedures, including serving deficient and untimely notices lacking required information and proof of both mailing and personal delivery. Inconsistencies in the tenant's file further highlighted the landlord's procedural failures, which improperly terminated the tenant's subsidy. As the subsidy termination was improper, the landlord was barred from maintaining a nonpayment proceeding based on market rent.
Keywords
Project-Based Section 8; HUD Multifamily Handbook; Landlord Failed To Serve Required Notices; Landlord Barred from Charging Market Rent
Recommended Citation
"Clinton Arms Associates v. Gonzalez" (2025). All Decisions. 2006.
https://ir.lawnet.fordham.edu/housing_court_all/2006
