Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-317952-24/NY
Petitioner
The Second Henry Street H.D.F.C.
Respondent
Sophina Aryvz, John Doe, Jane Doe
Judge
Ofshtein, Eleanora
Decision/Order Date
2026-10-15
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this failure-to-renew holdover involving a rent-stabilized Shelter Plus Care (SPC) apartment, the court dismisses because the petition failed to plead the existence of the SPC rental subsidy administered by HPD and the applicable federal pre-termination procedures. The omission was per se prejudicial because it deprived tenant — an SPC participant entitled to federal due process protections — of notice of a potential defense. Petitioner's motion to amend denied because petitioner did not allege it had followed SPC pre-termination procedures.
Keywords
Failure to Renew Lease Holdover Dismissed Because Petition Failed to Plead Tenant has Shelter Plus Care (SPC) Rental Subsidy Administered by HPD; RPAPL § 741; Petitioner's Failure to Plead SPC Subsidy Per Se Prejudicial to Tenant Because Subsidy is Subject to Pre-Termination Procedures
Recommended Citation
"The Second Henry Street H.D.F.C. v. Aryvz" (2026). All Decisions. 2514.
https://ir.lawnet.fordham.edu/housing_court_all/2514
