Landlord Didn't Deliver Copy of Court Petition to NYCHA

July 25, 2018

LVT Number: #28537

Landlord sued to evict NYCHA tenant for material noncompliance with his lease by failing to provide apartment access on two dates for repairs. Tenant asked the court to dismiss the case, claiming that landlord's termination notice and court petition were defective. The court ruled for tenant. The petition didn't state under which RPAPL section the case was based, and failed to state which sections of tenant's lease were breached or what repairs were needed. Landlord also didn't deliver a copy of the court papers on NYCHA, which was required.

Landlord sued to evict NYCHA tenant for material noncompliance with his lease by failing to provide apartment access on two dates for repairs. Tenant asked the court to dismiss the case, claiming that landlord's termination notice and court petition were defective. The court ruled for tenant. The petition didn't state under which RPAPL section the case was based, and failed to state which sections of tenant's lease were breached or what repairs were needed. Landlord also didn't deliver a copy of the court papers on NYCHA, which was required.

Brookdale Vill. Hous. Corp. v. Garcia: Index No. 79806/17, NYLJ No. 1527901659 (Civ. Ct. Queens; 4/30/18; Kullas, J)

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