Case Type
Holdover-Illegal Sublet
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
306861/24
Petitioner
DITMAS FLATS LLC
Respondent
SHEMIKA PEREZ
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-04-07
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover case involving an alleged illegal sublet, the landlord sought to evict the tenant based on a Notice to Cure. The tenant moved to dismiss, arguing that the landlord failed to comply with LLC §206 by not filing a certificate of publication before initiating the case. The court found that the landlord’s subsequent attempt to cure the defect did not retroactively grant the landlord standing, as the failure to comply with LLC §206 deprived the tenant of necessary transparency at the time the case began. Consequently, the court dismissed the case for lack of standing.
Recommended Citation
"DITMAS FLATS LLC v. PEREZ" (2025). All Decisions. 1767.
https://ir.lawnet.fordham.edu/housing_court_all/1767
