After Riverview II Preservation recovered $1,645.04 in electrical charges, Glory B. asked the Yonkers City Court to vacate the judgment on the grounds that it had been issued on “default,” and that the charges weren’t properly collectible.
On appeal, the Appellate Term, Second Department, agreed that because Glory receives “Section 8” assistance, any agreement providing for the recovery of "additional rent" was unenforceable--as her rent could not exceed 30% of her monthly adjusted income.
That shouldn't have come as a shock.
To view a copy of the Appellate Term's decision, please use this link: Riverview II Preservation, L.P., v B.