NUMME v. LEMON (2002)

Order unanimously affirmed without costs.   This holdover proceeding involves a Section 8 lease agreement entered into by the parties in December 1994.   Landlord contends that he terminated the Section 8 lease in 1998 by refusing to sign a renewal lease, tenant then became a month-to-month tenant, and he served her with a 30-day notice to vacate in April 2000.

When the parties first entered into the lease in 1994, Section 8 tenants had a statutory entitlement to continued occupancy absent good cause for eviction (see, 42 USCA § 1437f [d][1][B] [as amended by Pub.L. 97-35 § 326(e) 1981];  Mitchell v. United States Dept. of Hous. & Urban Dev., 569 F.Supp. 701;  see, Swann v. Gastonia Hous. Auth., 675 F.2d 1342).   In 1996, the automatic renewal provision was changed so that, pursuant to 42 USC § 1437f (d)(1)(B)(ii) (as amended by Pub.L. 104-134 § 101[e] [1996] and Pub.L. 105-276 § 549[a][2][A] [1998] ), “during the term of the lease the owner shall not terminate the tenancy except ․ for other good cause” (emphasis added).   This change became permanent in 1998.   However, there is no indication that it was intended to be applied retroactively to existing Section 8 leases containing automatic renewal provisions.

Since the lease term automatically renewed, it did not convert into a month-to-month tenancy upon landlord's refusal to sign a renewal lease.   The only way landlord could have terminated the lease was for good cause shown pursuant to paragraph H of the lease addendum, which he failed to do.   Moreover, since a Section 8 tenancy can only be terminated upon specified grounds, landlord was required to plead the basis for his termination of the Section 8 tenancy (see, Sanchez v. Vierra, N.Y.L.J., Nov. 12, 1997 [App.Term, 2d & 11th Jud.Dists.] ).   In this case, neither the petition nor the 30-day notice states the basis for landlord's termination of the Section 8 tenancy.   Accordingly, the petition was properly dismissed.

MEMORANDUM.