Does a landlord have a right to deny a tenant's right to claim a Section 8 subsidy for the duration of a holdover proceeding?
"New York", United States of America
The following excerpt is from Silverleaf LP v. Griffin, 100 N.Y.S.3d 611 (Table), 59 Misc.3d 1206 (A) (N.Y. Civ. Ct. 2018):
2 See, e.g., 433 West Assocs v. Murdock (276 AD2d 360, 361, 715 NYS2d 6, 8 [1st Dep't 2000] )(where landlord accepted a Section 8 rent subsidy for the apartment during "a period that fell between termination of the tenancy and commencement of the holdover proceeding", such acceptance of rent during the so-called "window period" was a defense, but not one that implicates subject matter jurisdiction).
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