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GREGORY C. SOUMAS, AS COURT-APPOINTED RECEIVER, pet-land-app, v. VASHTI GREGG, restent-res

17-331. GREGORY C. SOUMAS, AS COURT-APPOINTED RECEIVER, pet-land-app, v. VASHTI GREGG, restent-res — Order (Hannah Cohen, J.), dated March 24, 2017, affirmed, with $10 costs.

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17-331. GREGORY C. SOUMAS, AS COURT-APPOINTED RECEIVER, pet-land-app, v. VASHTI GREGG, restent-res — Order (Hannah Cohen, J.), dated March 24, 2017, affirmed, with $10 costs.

Under the particular facts and circumstances of record in this nonpayment proceeding, we find no abuse of discretion in the grant of post-eviction relief to tenant upon her payment of (1) her share of the rent arrears as a Section 8 tenant, (2) her share of the unsubsidized rent for April 2017, and (3) attorneys’ fees due petitioner-receiver (see Matter of Lafayette Boynton Hsg. Corp. v. Pickett, 135 AD3d 518 [2016]). “Good cause” (RPAPL §749[3]) sufficient to warrant the tenant’s restoral to possession was shown by petitionerreceiver’s impermissible demand for the full Department of Housing Preservation and Development [HPD] contract rent, which was far in excess of the tenant’s Section 8 share of the rent (see Pinnacle Bronx W., LLC v. Jennings, 29 Misc 3d 61 [App Term, 1st Dept 2010]). Indeed, counsel for the receiver readily admitted that the receiver was unaware that tenant was a recipient of a Section 8 rent subsidy, and further stated that despite the appointment of a receiver, HPD continued to send all correspondence to the building owner and the prior building manager.

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