Lower East Side I Associates LLC v. Estevez

OPINION OF THE COURT

Gerald Lebovits, J.

*633Respondent is a recipient of a housing subsidy pursuant to section 8 of the United States Housing Act of 1937. (42 USC § 1437 et seq.) To continue receiving section 8 subsidies for each upcoming year, section 8 recipients must recertify annually on the anniversary date of their receiving their subsidy. When recertification is not completed by the anniversary date, the owner may, under certain circumstances, charge the tenant who failed to recertify the actual market value rent of the apartment.

Respondent’s recertification was scheduled to take place by…