Appeal from an order of the District Court of Nassau County, First District (Helen Voutsinas, J.), entered June 19, 2012. The order denied tenant's motion to vacate so much of a final judgment as awarded landlord the sum of $17,649 in a nonpayment summary proceeding.

ORDERED that the order is reversed, without costs, and tenant's motion to vacate so much of the final judgment as awarded landlord the sum of $17,649 is granted to the extent that the final judgment's monetary award is reduced to the principal sum of $700.

A fair reading of the stipulation settling this nonpayment proceeding is that the parties agreed that landlord would have judgment for the arrears in the full contract rent only on the condition that tenant's Section 8 subsidy be reinstated, a condition which was not met (cf. 1466 Holding Co. v Sanchez, 40 Misc 3d 138[A], 2013 NY Slip Op 51404[U] [App Term, 1st Dept 2013]). As, absent a new agreement, a Section 8 tenant, who agrees to pay only the tenant's share of the rent, is not liable for the Section 8 portion of the rent, it was error for the District Court to enter a final judgment against tenant for a sum which included the Section 8 share of the rent (see e.g. MPlaza LP v Corto, 35 Misc 3d 139[A], 2012 NY Slip Op 50860[U] [App Term, 1st Dept 2012]; Rippy v Kyer, 23 Misc 3d 130[A], 2009 NY Slip Op 50652[U] [App Term, 9th & 10th Jud Dists 2009]; Dawkins v Ruff, 10 Misc 3d 88 [App Term, 2d & 11th Jud Dists 2005]). Consequently, we reduce the final judgment's monetary award to the principal sum of $700, representing tenant's share of the arrears. We note that it is undisputed that tenant subsequently paid that sum to landlord.

Marano, J.P., Nicolai and LaSalle, JJ., concur.
Decision Date: December 20, 2013