1199 Housing Corp. v. McCartney

*240OPINION OF THE COURT

Final judgment entered May 31, 1995 reversed and new trial ordered, with $30 costs to abide the event.

Tenant’s Federal rent assistance subsidy was retroactively revoked by her Mitchell-Lama cooperative after its project manager determined that a former employee had improperly placed tenant’s name ahead of other eligible tenants on the subsidy waiting list. The cooperative did not act to terminate tenant’s occupancy upon the ground of fraud. Rather, a nonpayment proceeding was commenced to recover that portion of the rent previously covered by the subsidy. After a trial,…