or before December 13, 2009. A print out attached to the demand contained the Tenant's name
and a past due lump sum of $4619.52 and a handwritten notation "3 day demand $200.00"
making a total of $4819.52. According to the affidavit of service, the demand was served by
conspicuous place service, regular mail and by certified mail. (Pet. "3")
Luz Rivera testified that she did not recall receiving the Three Day Notice and
Demand for Rent. She admitted signing the payment agreement, owing $1874.00 to the Landlord
and failing to make any of the required installment payments. However, it is not disputed that
she made the $2884.00 payment which was credited to her account by the Landlord. She testified
that she paid her rent and utility charges in full for November and December 2009 and she
tendered her January rent to Landlord, which refused to accept it. Tenant's cancelled checks for
the November and December payments were entered into evidence. (Res. "B") On November 2,
2009 Tenant made a payment of $2884.00. On November 29, 2009, Tenant made payments
totaling $1357.00 and in December 2009 Tenant made payments totaling $1334.00. Tenant
believed the balance sought by the Landlord represents payments not made by Section 8 due to
the Landlord's failure to repair her apartment in 2008.
DISCUSSION/ANALYSIS
As Tenant receives a Section 8 housing subsidy, her tenancy can only be terminated
during the lease term upon one of the grounds listed in 24 CFR §982.310. Pursuant to 24
CFR §982.310 (a)(1), the tenancy can be terminated for a serious violation including the
failure to pay rent or other amounts due under the lease. Landlord is required to give Tenant a
written notice that specifies the grounds for termination of her tenancy. This notice may be