Case Type
Non-payment
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
337942/23
Petitioner
CROSS BRONX PRESERVATION LLC
Respondent
ONEIKAH DELGADO
Judge
Donoghue, Elizabeth
Decision/Order Date
2025-03-24
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment eviction proceeding, the landlord sought to evict the tenant for nonpayment of rent, citing an outstanding balance from August 2020 to July 2023. The tenant filed a motion to dismiss, claiming the landlord failed to serve the required 30-day notice to vacate under the CARES Act and did not meet the notice requirements under the Violence Against Women Act (VAWA). The court found that both notices were necessary for this Section 8 housing case and that the failure to comply with these requirements rendered the petition defective. The court dismissed the case without prejudice, emphasizing the importance of proper notice requirements in eviction proceedings involving subsidized housing programs.
Recommended Citation
"CROSS BRONX PRESERVATION LLC v. DELGADO" (2025). All Decisions. 1761.
https://ir.lawnet.fordham.edu/housing_court_all/1761
