Homestead Equities v. Washington

In Homestead Equities v. Washington (176 Misc 2d 459 [Civ Ct, Kings County 1998]), the court ruled that "where the tenant sought to be removed participates in a section 8 program, the petition must allege the section 8 status of the tenant and the premises and must allege petitioner's compliance with the section 8 regulatory scheme." In Homestead though, the court dismissed the petition not only because of the petitioner's failure to allege in the complaint the regulatory status or compliance with applicable federal regulations but also because of the numerous other defects in the petition and notice of termination collectively. In making its decision, the court found that even though the public housing authority was served with a copy of the notice of termination and petition, it was not apprised of the Section 8 status of the tenancy because no statement to that effect was contained in the petition.