Case Type

Holdover-Nuisance

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

L&T-320278-23/BX

Petitioner

Diego Beekman Mutual Housing Association H.D.F.C.

Respondent

Tomasina McClain, Devin Abreu, John Doe I, John Doe II, Jane Doe

Judge

Gurung, Rina

Decision/Order Date

2024-10-11

Posture

Post Decision Motion

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nuisance holdover proceeding, the landlord sought to reargue a dismissal based on failure to provide required VAWA notices to the tenant. The court upheld the dismissal, concluding that the landlord's noncompliance with federal regulations rendered the proceeding defective. The court emphasized that the notices are mandatory regardless of the tenant's domestic violence status.

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