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-210013-20/KI
Slip Opinion Number
2025 NY Slip Op 50771(U)
Petitioner
NEW YORK CITY HOUSING AUTHORITY, RED HOOK WEST HOUSES
Respondent
AMANDA MERCADO
Judge
ROBINSON, DEVIN R.
Decision/Order Date
2025-07-23
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted a tenant's motion to vacate a final judgment and dismiss the non-payment petition without prejudice. The landlord, a housing authority, failed to use the mandatory Notice of Petition form prescribed by court rules, which resulted in a defective notice. The court found this was not a minor error but caused prejudice to the pro se tenant, as it omitted crucial information about available legal and financial resources. As a result, the final judgment and warrant of eviction were vacated, and the case was dismissed.
Keywords
Defective Notice of Petition; NYCHA; 22 NYCRR § 208.42(b); AO 163/19; Final Judgment Stipulation & Judgment/Warrant Vacated and Petition Dismissed
Recommended Citation
"NEW YORK CITY HOUSING AUTHORITY, RED HOOK WEST HOUSES v. MERCADO" (2025). All Decisions. 1892.
https://ir.lawnet.fordham.edu/housing_court_all/1892
