"BX PK Phase I Preservation LLC v. Murphy"
 

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

330869-24/BX

Petitioner

BX PK Phase I Preservation LLC

Respondent

Yvonne Murphy; John Doe; Jane Doe

Judge

Hassan, Amira

Decision/Order Date

2025-04-30

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding involving a tenant in a Section 8 Mitchell-Lama unit, the court dismissed the case for failure to serve mandatory VAWA notices, a required condition precedent under federal law. While the landlord claimed the notices were served, discrepancies between court filings and claimed service documents undermined that assertion. The judge emphasized that only the process server "not the landlord's agent" could attest to service, and the rent demand's affidavit of service lacked any VAWA mention. As such, the court found petitioner's compliance unsubstantiated and dismissed the proceeding without prejudice. Practice Note: VAWA notice compliance is jurisdictional and strictly enforced in federally subsidized tenancies.

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