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Jefferson Adams Rehab. Co. v. Alicea

A-1150-02T3 (N.J. Super. App. Div. 2003) (Unpublished)

LEASES; SECTION 8—A landlord seeking to evict a Section 8 tenant must first comply with the notice requirements under the Section 8 guidelines.

The Appellate Division affirmed a lower court’s granting of a judgment for possession against a Section 8 tenant. The complaint alleged non-payment of rent and failure to comply with the annual income re-certification requirements. The tenant alleged that the landlord was not entitled to possession because the landlord failed to give it proper notice as required under Section 8 guidelines. The tenant claimed that under the guidelines, the notice must be specific as to the allegation; the tenant must have ten calendar days to discuss the allegations; and the landlord must advise the tenant that the failure to do so may result in the tenancy. The tenant claimed that, since the landlord did not strictly comply with the guidelines, it could not bring the eviction action and was not entitled to possession. The Appellate Division agreed with the lower court’s finding that the landlord substantially complied with its notice responsibilities. It found that the landlord gave the tenant details as to the basis of its suspicion that the tenant’s income certification was inaccurate and required the tenant to provide an accurate re-certification. The tenant was given ample opportunity to meet the re-certification requirements. It failed to do so and failed to pay the rent. Therefore, the tenant was in material breach of the lease and the landlord was entitled to possession.

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