Case Type

Non-payment

Housing Type

Other

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-307271-24/NY

Petitioner

REGENCY TOWERS LLC

Respondent

ARLINE UDIS

Judge

Meyers, Adam R.

Decision/Order Date

2025-09-28

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this non-payment proceeding, the court granted the tenant's post-judgment motions to vacate a default judgment, allow a late answer, and for summary judgment, thereby dismissing the case. The tenant, a 92-year-old suffering from dementia, had a guardian ad litem appointed. The court found that the landlord's property was subject to the CARES Act due to a federally backed mortgage. Consequently, the rent demand, a predicate notice for the proceeding, was required to provide 30 days' notice instead of the 14 days actually given. As a predicate notice cannot be amended, the proceeding was dismissed due to this jurisdictional defect.

Keywords

CARES Act; 30 Day Rent Demand Required for Landlords with Federally; Backed Mortgage Covered by CARES Act; Landlord Need not Have Actively Participated in Transfer of Mortgage to Fannie Mae

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