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

304861/2025

Petitioner

57 Elmhurst, LLC

Respondent

Jesus Perez Tamay, Elsa Maria Tamay, John Doe, Jane Doe, Carlos Flores, Blanca Remache, Juan Carlos Flores, Chelsea Michelle Flores, Luis Florez

Judge

Ibrahim, Shorab

Decision/Order Date

2025-10-14

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord commenced a holdover proceeding against a rent-stabilized tenant alleging lease violations, including keeping an e-bike with a lithium battery, installing a clothing line partition, and housing additional occupants without consent. The tenant moved to dismiss the petition. The court granted the motion, finding the termination notice fatally defective for using boilerplate language and failing to allege specific post-cure facts demonstrating the breaches persisted after the cure date. Furthermore, the court held that the landlord's illegal sublet claim was deficient as it failed to plead a contractual agreement between the tenant and the occupants, deeming them at most lawful roommates under RPL § 235-f(3). The petition was dismissed.

Keywords

Breach Of Lease Holdover; Illegal Sublet Holdover; Predicate Notice Must Allege Post-Cure Period Breaches; Contractual or Rental Agreement Must Be Plead In Illegal Sublet Claim; Roommate Law; RPL § 235-f

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