Case Type

Holdover-Nuisance

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

303438/2025

Slip Opinion Number

2025 NY Slip Op 25221

Petitioner

Westminster Apartments LLC

Respondent

Hans Deetjen, Tristin Thomas, Shane Stewart, Jane Doe, John Doe

Judge

Danescu, Madalina

Decision/Order Date

2025-10-06

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this nuisance/breach of lease holdover proceeding, the tenant moved to dismiss, arguing the landlord's petition was defective for failure to serve a 30-day termination notice under the federal CARES Act, as the property had a federally backed mortgage. The court denied the motion, holding that the CARES Act's 30-day notice requirement applies exclusively to non-payment proceedings, not to holdover proceedings based on nuisance or lease breach. The court found that subsections (b) and (c) of 15 U.S.C. § 9058 must be read in unison, and the notice provision (c) is implicitly limited by subsection (b)'s express reference to non-payment cases.

Keywords

CARES Act Applies to Nonpayments Only; Does not Apply to Holdovers

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