Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
312693-24/QU
Petitioner
VAVILI REALTY, LLC
Respondent
YULISSA VARGAS, “JANE DOE”, “JOHN DOE”
Judge
Bryan, David J.
Decision/Order Date
2025-10-08
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant moved to dismiss, arguing the landlord waived its right to enforce the no-pet provision under NYC Administrative Code § 27-2009.1. The tenant claimed openly and notoriously harboring a dog, and the landlord failed to commence an eviction proceeding within 90 days of knowledge. The court found the landlord's emails and notices proved actual knowledge of the pet's presence more than 90 days before commencing the suit. Consequently, the landlord waived its right to enforce the no-pet clause, and the tenant's motion to dismiss was granted.
Keywords
Pet Holdover; Pet Waiver Law; Open and Notorious Presence Of Pet; Proceeding Must Be Commenced Within 90 Days
Recommended Citation
"VAVILI REALTY, LLC v. VARGAS" (2025). All Decisions. 2013.
https://ir.lawnet.fordham.edu/housing_court_all/2013
