Case Type
Holdover-Breach of Lease
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-091689-18/KI
Petitioner
BSC Owner LLC
Respondent
Cecelia Johnson
Judge
Howard, Juliet, P.
Decision/Order Date
2025-10-01
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord moved to restore a holdover proceeding seeking a final judgment of possession based on the tenant's alleged breach of a 2019 probationary stipulation. The stipulation required the tenant to permanently exclude her son from the premises and remove him from the household composition. The landlord's motion relied on "information and belief" that the tenant changed the head of household to her son and that the tenant may reside in Pennsylvania. The court denied the motion, finding the landlord's affirmations and documentation insufficient, lacking personal knowledge and corroborating evidence, and failing to demonstrate a breach, particularly that the son was observed on the premises, as required by the stipulation to trigger a hearing.
Keywords
Motion to Restore and Final Judgment for Alleged Breach of Probationary Agreement Denied
Recommended Citation
"BSC Owner LLC v. Johnson" (2025). All Decisions. 1980.
https://ir.lawnet.fordham.edu/housing_court_all/1980
