"Garcia v. Nelson, et al"
 

Case Type

Holdover-Licensee

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-329188-23

Petitioner

Cesar Garcia

Respondent

Cassandra Nelson, et al

Judge

Danescu, Madalina

Decision/Order Date

2025-04-14

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Handwritten opinion. In this no-ground holdover proceeding, the landlord sought possession from a Section 8 voucher tenant without pleading the premises' regulatory status or complying with the Williams Consent Decree, which mandates service on NYCHA. The tenant promptly moved to dismiss under CPLR § 3211(a)(7), asserting that the omissions were fatal under RPAPL § 741(4) and federal regulations. The landlord, who had signed a Section 8 contract, did not dispute the unit's subsidized status but argued that NYCHA's subsidy cessation excused compliance. The court rejected this, emphasizing strict pleading and service requirements in federally subsidized tenancies. Additionally, the court found the petition fatally defective and noncompliant with binding consent decrees and dismissed the case without prejudice. Practice note: Failure to plead Section 8 status or serve the subsidy administrator, particularly NYCHA, may be fatal even in cases involving ceased payments "defenses must be timely raised to avoid waiver.

Share

COinS