"Fairway Richmond Partners LP v. Lloyd"
 

Case Type

Non-payment

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Richmond County (Staten Island)

L&T / Index / Case / Docket / Clerk's Number

LT-300448-23/RI

Petitioner

Fairway Richmond Partners LP

Respondent

Lakeba M Lloyd

Judge

Fang, Vanessa

Decision/Order Date

2025-03-26

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this non-payment case involving a tenant in a project-based Section 8 unit, the tenant moved for summary judgment, asserting no rent was owed due to the landlord's failure to process a 2021 annual income recertification and improper imposition of market rent. In the alternative, the tenant sought discovery of 2021 reminder notices. The court granted discovery and held the summary judgment motion in abeyance, directing that if discovery was not completed by January 31, 2025, judgment would be granted. The landlord failed to produce the required documents or restore the case. Based on an affirmation of non-compliance, the court deemed the summary judgment motion granted and dismissed the petition. Practice Note: In subsidized housing nonpayment cases, failure by the landlord to produce mandated recertification documentation may result in dismissal where discovery orders are not met.

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