Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
320752-24
Slip Opinion Number
2025 NY Slip Op 25131
Petitioner
Emerald Lofts LLC.
Respondent
Guadalupe Echevarria, "Doe #1" and/or "Doe #2"
Judge
Cohen, Hannah
Decision/Order Date
2025-05-30
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a no-grounds holdover, the landlord sought to evict a tenant, claiming the unit was exempt from the Good Cause Eviction Law (GCEL) due to the tenant's Section 8 voucher. The court granted the landlord's motion to amend their pleadings to comply with RPAPL § 741(5-a) requirements. However, the court then granted the tenant's motion to dismiss, ruling that a portable Section 8 voucher does not automatically exempt a unit from GCEL under RPL § 214(5), as it doesn't regulate rent or eviction terms like other housing programs.
Recommended Citation
"Emerald Lofts LLC. v. Echevarria" (2025). All Decisions. 1813.
https://ir.lawnet.fordham.edu/housing_court_all/1813
