Owner Didn’t Provide Timely Notice of Nonrenewal

Facts: A resident signed a one-year Section 8 Housing Choice Voucher lease with an owner. The owner claimed that she served a “Notice of Landlord's Intention not to Renew Section 8 Lease upon Expiration of Lease Term” on both the resident and the office that managed the housing program. The notice allegedly stated that the lease would not be renewed and that failure to vacate at lease end would result in the owner's commencing an eviction proceeding. The owner filed for eviction, and the resident asked the court to dismiss this proceeding.

Ruling: A New York trial court dismissed the eviction action.

Reasoning: A valid notice of termination is required to begin a Section 8 eviction proceeding. There was no proof offered either from an affidavit of service or acknowledgement from the resident or housing authority that the prerequisite 30 days' notice of a valid notice of termination was given in this matter.

The court stated that it is essential that the housing authority be given timely notice of the commencement of proceedings to terminate the tenancy, not only so that it does not continue to make housing subsidy payments on behalf of the resident who's no longer in possession, but also to enable it to monitor the actions of the owner and to afford it the opportunity to intervene if it deems it necessary to protect the interests of the Section 8 resident.

• Fenelon v. Jones, May 2011.