Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered July 29, 2005, which granted plaintiffs’ consolidated motions and summarily declared that defendants are obligated to continue accepting federal “section 8” rent subsidies with respect to the rent-stabilized plaintiff tenants and are not permitted to opt out of this federal subsidy program, unanimously affirmed, without costs.
The federal requirement that “during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause” (42 USC § 1437f [d] [1] [B] [ii] [emphasis added]) does not preempt the antidiscrimination provision of the J-51 tax abatement law (Administrative Code of City of NY § 11-243
Furthermore, the obligation to accept section 8 benefits as part of a rent-stabilized tenant’s lease is a material term of the lease (see 9 NYCRR 2522.5 [g] [1]). The expiring leases in this case included, by federal regulation, the standard form and “the HUD-prescribed tenancy addendum” (see 24 CFR 982.308 [b] [2]). The tenancy addendum form cited by the motion court incorporates by reference the Housing Assistance Program (HAP) agreement that requires the landlord to accept section 8 benefits. Tenants have standing to enforce the tenancy addendum (see 24 CFR 982.308 [f] [2]). The HAP agreements are worded to make clear that they and the leases are interrelated. The HAP contract must include a certification by the signing landlord that the lease is in the form required by the applicable section 8 regulation (see 24 CFR 982.308 [b] [2]).
Finally, the term is material, since it is undisputed that neither plaintiff could afford her apartment without section 8 benefits. We have considered and rejected appellants’ remaining arguments. Concur — Mazzarelli, J.P., Sweeny, Catterson, McGuire and Malone, JJ.