Site Owner Can’t Evict Resident for Not Renewing His Section 8 Voucher

A New York City owner sued to evict a resident who had previously received a Section 8 Housing Choice Voucher, claiming that the resident breached his lease by failing to submit his annual recertification package to the local PHA. This resulted in the resident’s termination from the Section 8 program on Aug. 31, 2010. The owner argued that the resident’s lease required him to promptly comply with all laws, orders, rules, requests, and directions of all governmental authorities.

The court ruled against the owner and dismissed the case. The lease contained no condition that the resident maintain his Section 8 rent subsidy. And there was no law, order, rule, request, or direction that imposes an obligation on a Section 8 recipient to preserve his subsidy. The owner also waited more than six years to make the lease violation claim against the resident, in violation of the statute of limitations. There was no continuing wrong and therefore no continuing breach of any lease obligation that could have extended the six-year time limit on the claim [Grand Concourse East HDFC v. DeJesus, August 2018].