Nuisance Holdover Dismissed for Failure to Serve Petition Properly

November 23, 2022

LVT Number: #32327

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with its papers in compliance with the Williams Consent Judgment, and that landlord's petition failed to state sufficient information concerning the apartment's regulatory status. The court ruled for tenant and dismissed the case. Strict compliance with the Williams Consent Judgment is required.

Landlord sued to evict NYCHA Section 8 tenant for creating a nuisance. Tenant asked the court to dismiss the case for failure to state a cause of action. Tenant said that landlord didn't properly serve NYCHA with its papers in compliance with the Williams Consent Judgment, and that landlord's petition failed to state sufficient information concerning the apartment's regulatory status. The court ruled for tenant and dismissed the case. Strict compliance with the Williams Consent Judgment is required. The judgment required landlord to send NYCHA a copy of the court petition by overnight mail. But landlord sent the papers by regular and certified mail.

Diego Beekman Mut. Hous. Assoc. HDFC v. Pearson: Index No. 317032/2022, NYLJ 10/26/22, p. 17 col. 1 (Civ. Ct. Bronx; 10/17/22; Lutwak, J)

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