Judge Lebovits
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PETITIONER landlord sought rent arrears of more than $30,000 in this non-payment proceeding against respondent tenant. Respondent moved for summary judgment, alleging her Section 8 subsidy conversion was delayed almost three years because petitioner failed to submit her HUD forms to New York City’s Housing Authority. Her apartment also failed the city agency’s Section 8 inspection because of alleged repair issues. Thus, she contended petitioner was forbidden to charge her more than $188 a month in rent as petitioner agreed when it bought the building not to raise rent for any unit until all necessary repairs were completed. The court granted respondent’s motion, finding petitioner failed to comply with the conversion process. It also noted that repairs were not made, a claim that must be deemed true as petitioner has not come forward with proof to rebut the detailed allegations. The court noted even if petitioner made the repairs, its dispute about the inspection and repairs was between petitioner and the Housing Authority. Hence, it ruled respondent was only liable for paying $188 a month, granting her a money-only judgment.
