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.
Recommended Citation
"Garcia v. Nelson, et al" (2025). All Decisions. 1797.
https://ir.lawnet.fordham.edu/housing_court_all/1797