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

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