The Montgomery County Office of Consumer Affairs has interceded on behalf of an elderly Silver Spring couple whose landlord spurned a rent supplement they received from the federal government.

The agency filed suit in Montgomery County Circuit Court last week to block the eviction of E. Sung and Myung Kay, elderly tenants of the Aspen Green apartments on Hewitt Avenue.

The Kays have lived in the 66-unit development since 1982 and are the only tenants there who receive rent assistance under the federal Section 8 housing program, said Joe Giloley, a housing expert with the consumer affairs office.

The program pays about two-thirds of the Kay's $440-a-month rent, Giloley said.

In a motion filed with the circuit court, lawyers for the consumer affairs office alleged that Seton Investments, the Kays' landlord, advised the couple last December that it would no longer accept the federal subsidy as partial payment toward rent.

That notice violated the earlier terms under which the Kays' apartment had been converted into a condominium, forcing the tenants into the position of not being able to make their rent payments, the consumer affairs office contended.

Douglas L. Lashley, the landlord's Rockville attorney, declined comment on the case.

"Our immediate concern is to protect this family from eviction," which is scheduled for June 1, said Consumer Affairs Director Barbara B. Gregg.

No hearing has been set yet on the office's attempt to block the eviction.