Opinion
570495/04.
Decided December 7, 2005.
Tenant appeals from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered September 16, 2004, after a nonjury trial, which awarded landlord possession in a nonpayment summary proceeding.
Final judgment (Brenda S. Spears, J.), entered September 16, 2004, affirmed, without costs.
PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
In the absence of any record evidence supporting tenant's claim that landlord negligently failed to process tenant's Section 8 rent subsidy application, we sustain the trial court's finding that tenant did not assert a viable counterclaim for damages. There was no showing that tenant was eligible to participate in the program ( see 24 CFR §§ 982.201 and 982.202).
This constitutes the decision and order of the court.