Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-300934-24/HA
Petitioner
MS Houses TP4 LLC
Respondent
Jennifer Rincon; John Doe; Jane Doe
Judge
Blinova, Yekaterina
Decision/Order Date
2026-09-22
Posture
Post-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this Project Based Section 8 nonpayment proceeding, court grants tenant's motion for partial summary judgment and dismisses the petition without prejudice. The dispute concerns whether deferred SSDI lump sum payments received by tenant in 2023 for years 2021 and 2022 constitute income for purposes of calculating tenant's rent share under HUD regulations. Court holds that under 24 CFR §5.609(b)(16) and HUD Handbook §5-6(Q)(2), such deferred social security lump sum payments are excluded from annual income. Because the rent demand was based on incorrectly calculated shares, it was defective and the proceeding is dismissed.
Keywords
Defective Rent Demand; HUD Project Based Section 8; Deferred/Retroactive SSD Lump Sum Payment is Not Counted as Income Under Chapter 5 of HUD Handbook; Petition Dismissed Because Rent Demand Was Based on Incorrectly Calculated Monthly Rents
Recommended Citation
"MS Houses TP4 LLC v. Rincon" (2026). All Decisions. 2472.
https://ir.lawnet.fordham.edu/housing_court_all/2472
