Case Type

Holdover-Licensee

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-302021-24/KI

Petitioner

BOULEVARD TOGETHER MASTER TENANT

Respondent

ELVIS FERMIN; et al.

Judge

Basu; Shantonu J.

Decision/Order Date

2025-10-10

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding; the tenant; an occupant of a Project Based Section 8 property after an unsuccessful remaining family member grievance; moved for summary judgment. The court granted the tenant's motion and dismissed the case because the landlord failed to serve the required VAWA forms with the notice of termination. The court held that the definition of "tenant" under the remedial VAWA statute must be interpreted broadly to include occupants who remain in possession after an unsuccessful remaining family member grievance; thus obligating the landlord to provide the VAWA notice.

Keywords

VAWA Notice Required for Alleged Occupant; VAWA Statute’s Definition of “Tenant” is Broad

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