Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-311507-23/KI
Slip Opinion Number
2025 NY Slip Op 32655(U)
Petitioner
BSC Owner LLC
Respondent
Tamel Holley, JOHN DOE, JANE DOE
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-07-11
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss a nonpayment case because the landlord could not produce a valid lease for the period in which the alleged arrears accrued. The landlord's argument that a "HUD Model Lease" provided for a perpetual lease was rejected by the court, which found that the rental amount changing from year to year made the lease indefinite on a material term. Consequently, with no lease in effect for the relevant time, the landlord could not maintain the nonpayment proceeding.
Keywords
Mitchell-Lama; DHCR; Lease
Recommended Citation
"BSC Owner LLC v. Holley" (2025). All Decisions. 1882.
https://ir.lawnet.fordham.edu/housing_court_all/1882
