Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
309237/22
Petitioner
1409-1415 ST. JOHNS PLACE, LLC
Respondent
VARDON CALLENDAR, "JOHN DOE", "JANE DOE"
Judge
McClanahan, Kevin
Decision/Order Date
2023-10-23
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding in a rent-stabilized housing unit, the landlord sought possession based on allegations of nuisance. However, the court granted the tenant's motion for summary judgment and dismissed the petition due to deficiencies in the predicate notice, which failed to specify the statutory authority for termination of tenancy as required by the Rent Stabilization Code. The court emphasized the importance of strict compliance with statutory requirements in summary proceedings and held that any defect in the predicate notices requires dismissal of the petition. Key legal point: Proper predicate notices, specifying the statutory authority for termination of tenancy, are a condition precedent to the commencement of a holdover proceeding in rent-stabilized units, and failure to comply warrants dismissal of the petition.
Recommended Citation
"1409-1415 ST. JOHNS PLACE, LLC v. CALLENDAR" (2023). All Decisions. 1365.
https://ir.lawnet.fordham.edu/housing_court_all/1365
