Tenant appeals from an order of the Civil Court, Bronx County, dated April 8, 2003 (Howard Malatzky, J.) which granted landlord's motion for issuance of a final judgment and warrant of eviction in a nonpayment summary proceeding, and from an order of the same court and Judge dated October 3, 2003 which denied tenant's motion to renew and reargue the aforesaid order.

PER CURIAM:

Appeal from order dated April 8, 2003 (Howard Malatzky, J.) deemed an appeal from the ensuing final judgment, same court and Judge, entered April 8, 2003, and so considered, judgment modified by reducing the amount of landlord's monetary recovery against tenant to the sum of $2,089.52, and, as so modified, affirmed, without costs. Appeal from order dated October 3, 2003 denying renewal/reargument (Howard Malatzky, J.) dismissed, without costs, as academic with respect to renewal and as taken from a nonappealable order with respect to reargument.

Neither the Federal regulations governing this Section 8 tenancy (see 24 CFR § 982.310[b]) nor the parties' December 13, 2002 stipulation settling the underlying nonpayment proceeding obligates tenant to pay the full contract rent ($4,452.52) that ultimately was awarded to landlord below. "A Section 8 tenant agrees in the Section 8 lease only to pay the tenant share [*2]of the rent. Absent a showing by landlord of a new agreement, and none was here shown, a Section 8 tenant does not become liable for the Section 8 share of the rent as 'rent' even after the termination of the subsidy" (Rainbow Assocs. v Culkin, 2003 NY Slip Op 50771[U] [App Term, 2d Dept]). We have modified the final judgment accordingly and, in view of the tenant's payment of funds exceeding the amount of the reduced judgment, have permanently stayed execution of the warrant.

This constitutes the decision and order of the court.
Decision Date: March 01, 2005