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Can I be held liable for a rent increase my landlord said she filed with section 8 but they said they never received?

Bronx, NY |
Filed under: Landlord-tenant

My landlord said she filed a rent increase with Section 8 four years ago. She said Section 8 never recognized the rent increase so now I owe the difference he requested. I've always paid my rent on time and I've never been late. But now she tells me that I owe this amount because Section 8 is not going to approve his rent increase because they never received any paperwork from her. Is she allowed to do that? Isn't this between her and Section 8?

Attorney Answers 2


  1. You would be well-served to discuss your dilemma with a New York landlord-tenant attorney in a confidential forum as soon as possible.


  2. Dear Tenant:

    You must bring this matter to the attention of the NYCHA or other office that manages your section 8 voucher. If you are a rent stabilized tenant, your rent cannot legally increase if the landlord does not offer a renewal lease to you at the legal rate of rent increase. In New York, a landlord cannot raise the rent without either a renewal lease or an order allowing for a rent increase. As a Section 8 tenant you must have a current lease.

    Read more at:

    http://www.nyc.gov/html/nycha/html/section8/lease-renewal-process.shtml

    http://www.nyc.gov/html/hpd/html/section8/section_8.shtml

    If you are Rent Stabilized you can contact DHCR:

    http://www.nyshcr.org/AboutUs/contact.htm

    If you are a section 8 tenant then you likely will be entitled to an attorney from Legal Services and from Legal Aid. Make your decision for counsel as that will help you keep your home.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.