Malcolm X Apts., Inc. v Brown-Allen

[*1] Malcolm X Apts., Inc. v Brown-Allen 2014 NY Slip Op 51567(U) Decided on November 3, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 3, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
571132/13

Malcolm X Apartments, Inc. Petitioner-Landlord-Respondent, -

against

Cynthia Brown-Allen, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), entered October 17, 2013, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $31,272.75 in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Arlene H. Hahn, J.), entered October 17, 2013, reversed, without costs, and final judgment awarded in favor of tenant dismissing the holdover petition.

The nonpayment petition, which sought the recovery of arrears in excess of the Section 8 tenant's share of the rent, should have been dismissed. "Absent a showing by landlord of a new agreement, and none was shown here, a Section 8 tenant does not become liable for the Section 8 share of the rent as rent' even after the termination of the subsidy" (see Pinnacle Bronx W., LLC v Jennings, 29 Misc 3d 61 [App Term, 1st Dept 2010], quoting Prospect Place HDFC v Gaildon, 6 Misc 3d 135[A], 2005 NY Slip Op 50232[U] [App Term, 1st Dept 2010]). With the dismissal of landlord's rent claim, the award of attorney's fees in favor of landlord necessarily falls.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 03, 2014