1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)

Citation: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Parent Document: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Jurisdiction: New York (state)
Effective Date: 2010-01-08
Original Source: https://www.courtlistener.com/opinion/6311119/1212-grand-concourse-llc-v-ynguil/ ↗

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This court agrees with the respondents and rejects the reasoning offered by the petitioners. With respect to these cases, four overlapping legal schemes come to bear — federal statute, the Williams Second Consent Judgment, the HAP contract, and the Rent Stabilization Code. Each must be applied with a view to the others. Contrary to the position taken by the petitioners in these proceedings, 42 USC § 1437f (d) (B) (ii) and the Williams Second Consent Judgment unambiguously require a landlord to have a “good cause” basis for terminating a Section 8 tenancy. 42 USC § 1437f (d) (B) (ii) mandates that “during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause.” Subsection (d) (B) (iv) of the statute goes on to declare that “any termination of tenancy shall be preceded by the owner’s provision of written notice to the tenant specifying the grounds for such action.” The language of the statute provides no exceptions.

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