Landlord Can't Evict Tenant for Failure to Pay Utilities That Are Considered Rent Under Lease

摘要

Federal law prevents a landlord from bringing a summary dispossess action for good cause based on a Section 8 tenant's failure to pay utilities that are considered rent under an amended lease, ruled the New Jersey Superior Court, Appellate Division. (Sudersan v. Royal, 2005 WL 3500289 (N.J.Super. A.D.), December 23, 2005) Defendant Diane Royal rented property from Wanda Sudersan under the Section 8 voucher program. The one-year lease was amended to include utility charges as rent. Royal's income was so low that she qualified for a 100 percent rent subsidy. According to federal regulations, even if rent were outstanding, Royal would not be responsible if the administrators of the Section 8 program failed to pay her rent.