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New York Real Estate Law ReporterLJN NewslettersNewsSections

No Escape from Section 8

By Stewart E. Sterk
August 27, 2009

According to federal law, landlord participation in the “Section 8″ program, which provides housing subsidies for low-income tenants, is voluntary. In a variety of ways, New York statutes regulating the landlord-tenant relationship have attempted to restrict the right of landlords to stay out of the “Section 8″ program. Landlords have challenged each of these regulatory measures, and have almost invariably lost. In the most recent of these, Tapia v. Successful Management Corp. (Supreme Ct., N.Y. Cty, 7/20/09; NYLJ 7/28/09, p. 34., col. 1), the landlord challenged the application of two separate regulatory measures, and the result was familiar: the court upheld the regulations.

The Voluntary Nature of Section 8

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