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From: shegel
email: mailto:shegel@gbls.org
link: http://
date: 7/13/0 19:20
Date: 12/21/00
Time: 11:53:29 AM
Remote Name: 207.251.188.199
Has anyone successfully argued that a Section 8 voucher tenant (living in a rent-restricted building with state housing finance agency mortgage) whose apt. was totally destroyed by fire has an automatic right to re-occupancy after rehab (and unless and until the owner recovers possession in an eviction action)? Assume that client's minor children accidently set the fire but that client had no knowledge of any fire-setting behavior and client unexpectedly in hospital at time of fire. (Kids deny setting fire). Landlord sent notice that (auto. renewing month-to-month) Section 8 lease is automatically terminated under Paragraph K (if premises are rendered uninhabitable by fire during the term of agreement, this agreement is thereupon terminated). THis same notice also terminates, as of 7/31/00, a second (housing finance agency) lease which has a provision that allows either owner or tenant to terminate lease when apt. destroyed by fire not caused by tenant's family. Apt. is soon to be ready for re-occupancy and landlord refuses to allow client to return. Locks have been changed during rehab. I am primarily troubled by the lease language about automatic termination after fire. (I have good arguments re: no good cause, and good state law that she is not responsible for the cost of repair.) Any help would be appreciated.