HDFC Didn't State Cause for Termination in Its Eviction Petition

December 14, 2020

LVT Number: #31122

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The court ruled for tenant and dismissed the case. Because landlord was a housing development fund corporation, it was required by law to plead a cause for eviction in its holdover petition. So the court didn't need to decide whether this landlord was so entwined with government regulation so as to require a cause for eviction.

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The court ruled for tenant and dismissed the case. Because landlord was a housing development fund corporation, it was required by law to plead a cause for eviction in its holdover petition. So the court didn't need to decide whether this landlord was so entwined with government regulation so as to require a cause for eviction.

1055 Bergen St. HDFC v. Harkless: Index No. 73465/2019, NYLJ No. 1605508270 (Civ. Ct. Kings; 11/2/20; Stoller, J)

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