Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-316199-24/QU
Petitioner
ACMH, INC.
Respondent
ALBERT WILLIAMS, John Doe, Jane Doe
Judge
Ibrahim, Shorab
Decision/Order Date
2025-11-21
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the court granted the tenant's summary judgment motion and dismissed the petition. The landlord, a supportive housing provider, failed to plead that the premises and tenancy are subject to OMH and DOHMH regulations, violating RPAPL § 741. The court noted the landlord's prior awareness of this pleading requirement, rejecting claims of inadvertence. It found significant prejudice to the unrepresented tenant due to this omission, which prevented proper adjudication. The landlord's cross-motion to amend the petition was denied.
Keywords
Supportive Housing Provider; Motion to Amend the Petition; RPAPL § 741; Failure to Plead Applicable OMH & DOHMH Rules and Regulations; Prejudice Standard
Recommended Citation
"ACMH, INC. v. Williams" (2025). All Decisions. 2054.
https://ir.lawnet.fordham.edu/housing_court_all/2054
