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.
Recommended Citation
"BX PK Phase I Preservation LLC v. Murphy" (2025). All Decisions. 1792.
https://ir.lawnet.fordham.edu/housing_court_all/1792