rent to low-income tenants.’’ (Rosario v Diagonal Realty, LLC,
9 Misc 3d 681, 685 [Sup Ct, NY County 2005], citing Cisneros v
Alpine Ridge Group, 508 US 10, 12 [1993].) Section 8 authorizes
the U.S. Department of Housing and Urban Development (HUD)
to enter into annual contribution contracts with local public
694 41 MISCELLANEOUS REPORTS, 3d SERIES
housing authorities so that they may make assistance payments
to owners of existing buildings. (Rosario, 9 Misc 3d at 685.) The
Housing Authority is one of the local agencies that administers
the Section 8 program. (Citadel Estates, LLC v New York City
Hous. Auth., 39 Misc 3d 880 [Sup Ct, Kings County 2013].)
HUD has promulgated regulations that govern the operation
and administration of Section 8. (See 24 CFR part 982.) Pursu-
ant to 24 CFR 982.305 (a) (2) and (b) (1) (i), all prospective
apartments must meet federal housing quality standards (HQS)
and be inspected by the Housing Authority prior to being certi-
fied under Section 8. Once certified, the apartments must be
inspected at least once annually to ensure their continuous
compliance. The regulations prohibit the Authority from paying
any subsidies to apartments that do not need federal HQS. (24
CFR 982.404 [a] [3]; 982.452 [b] [2]; 982.453 [a] [1].) Pursuant
to 24 CFR 982.404, the Housing Authority must afford the
landlord at least 30 days to correct any non-life-threatening
HQS violation unless the Housing Authority extends the
deadline. (See Matter of 12th & 14th Street Inv., LLC v New
York City Hous. Auth., 2013 NY Slip Op 30696[U] [Sup Ct, NY
County 2013]; Rowe v New York City Hous. Auth. Law Dept.,
Civ Ct, Kings County, Sept. 30, 2010, Levine, J., index No. CV-
029455-10.)
The relationship between the landlord and the Housing