Case Type
Holdover-Breach of Lease
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-310889-23/NY
Petitioner
Central Harlem Associates LLC
Respondent
Amber Robbins, John Doe, Jane Doe
Judge
Chinea, Daniele
Decision/Order Date
2025-04-08
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding involving a LIHTC property, the tenant moved to dismiss on grounds that the landlord failed to serve a Violence Against Women Act (VAWA) notice as required by federal regulations prior to eviction. The landlord conceded the omission but argued no prejudice resulted and that the tenant had prior knowledge of VAWA rights. The court rejected these defenses, holding that predicate notice defects are fatal and not subject to amendment, emphasizing the mandatory nature of VAWA compliance. The petition was dismissed without prejudice. Practice note: In federally subsidized housing, omission of required predicate notices such as VAWA notices is a jurisdictional defect that mandates dismissal.
Recommended Citation
"Central Harlem Associates LLC v. Robbins" (2025). All Decisions. 1769.
https://ir.lawnet.fordham.edu/housing_court_all/1769
