Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T 316423/24
Slip Opinion Number
2025 NY Slip Op 33145(U)
Petitioner
OLR MM, LP
Respondent
LESLIE LARUE, JOHN DOE, JANE DOE
Judge
Miller, Kisha L.
Decision/Order Date
2025-08-04
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss the landlord's holdover petition for failure to complete annual recertification. The court found that the petition was fatally defective because it failed to plead the full rent regulatory status of the tenancy. Specifically, it omitted the existence of a regulatory agreement between the landlord and HPD, which governs the tenancy and affects the tenant's rights. The court held that this omission, which deprived the court of an understanding of the entire regulatory framework, was not a mere technicality and warranted dismissal.
Keywords
Holdover for failure to complete annual recertification holdover dismissed; LIHTC; Petition must plead regulatory agreement with HPD
Recommended Citation
"OLR MM, LP v. Larue" (2025). All Decisions. 1948.
https://ir.lawnet.fordham.edu/housing_court_all/1948
