Cosmopolitan Associates, L.L.C. v. Fuentes

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed with $10 costs.

In this nonpayment proceeding, tenant moved to dismiss, claiming, amongst other things, that she is a recipient of section 8 assistance and that the rents sought consist solely of the section 8 portion of the rent. Landlord cross-moved for summary judgment, claiming that it had discontinued its participation in the section 8 voucher program and had so notified tenant, and that the parties had renewed only tenant’s lease and not the section 8 agreement (cf. 7 Highland Mgt. Corp. v McCray, 9 Misc 3d 129[A], 2005 NY Slip Op…