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-318634-24/KI

Slip Opinion Number

2025 NY Slip Op 33532(U)

Petitioner

WILLIAMSBURG HOUSING PRESERVATION LP

Respondent

DAWN THOMPSON; "JOHN" "DOE"; "JANE" "DOE"

Judge

Cohen, Hannah

Decision/Order Date

2025-09-26

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, the landlord sought possession of a RAD/PACT unit based on the tenant's alleged failure to provide access. The tenant moved to dismiss, arguing the landlord failed to serve the mandatory federal Violence Against Women Act (VAWA) notices with the predicate termination notice and petition. The landlord cross-moved to amend the affidavit of service but could not prove service of the VAWA notices with the termination notice. The court granted the tenant's motion, dismissing the petition without prejudice, holding that failure to serve the requisite VAWA notices mandates dismissal for covered housing providers.

Keywords

RAD/PACT Housing; Failure to Serve Required VAWA Notices; Motion to Amend Affidavit of Service Denied

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