Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-316536-24
Petitioner
ENY Development LLC
Respondent
Billy Sneed, April Sneed
Judge
Arrindell, Travis J.
Decision/Order Date
2025-04-15
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding involving a LIHTC-regulated apartment, the tenant invoked protections under the CARES Act to contest the landlord's claim. The tenant moved to dismiss based on federal notice requirements for properties receiving federal subsidies. The court found that the CARES Act applied, drawing persuasive authority from Sherwood Auburn LLC v. Pinzon and Arvada Vill. Gardens PL v. Garate, which clarified that LIHTC properties are covered by the statute's protections. Concluding the landlord failed to meet the Act's 30-day notice prerequisite, the court granted the tenant's motion. Practice note: In nonpayment cases involving subsidized housing, practitioners must evaluate CARES Act applicability and ensure compliance with federal notice mandates, even post-COVID.
Recommended Citation
"ENY Development LLC v. Sneed" (2025). All Decisions. 1796.
https://ir.lawnet.fordham.edu/housing_court_all/1796
