Case Type
Holdover-Lease Expiration
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
343108-24/BX
Petitioner
Eustace Matthew
Respondent
Selwyn Hinds Jr. and Janelle Joseph, JOHN AND JANE DOE
Judge
Tao, Elizabeth
Decision/Order Date
2025-07-08
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord filed a holdover proceeding against the tenant, who was a NYCHA Section 8 recipient. The tenant moved to dismiss the petition, arguing the landlord failed to comply with the heightened service requirements of the Williams consent decree. Specifically, where a landlord opts to serve the pleadings on NYCHA by mail, they must use overnight mail. The court agreed with the tenant, finding the landlord only used regular first-class and certified mail, which was insufficient. Additionally, the court granted the tenant's motion to dismiss because the petition's format did not comply with mandatory court rules and denied the landlord's cross-motion to amend. The case was dismissed without prejudice.
Keywords
Defective Notice of Petition; Not Amendable; 22 NYCRR § 208.42(b); AO 163/19
Recommended Citation
"Matthew v. Hinds Jr." (2025). All Decisions. 1902.
https://ir.lawnet.fordham.edu/housing_court_all/1902
