Case Type

Non-payment

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-327349-25/BX

Petitioner

BSP GIGI LLC

Respondent

REVESE DIXON, John Doe, Jane Doe

Judge

Rumprecht-Behrens, Agata E.

Decision/Order Date

2026-01-14

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the tenant moved to dismiss for failure to state a cause of action, arguing the landlord's 14-day rent demand was defective. The court found that because the property's mortgage, originally private, was assigned to the Federal National Mortgage Association (Fannie Mae) in 2019, it became a "covered unit" under the CARES Act. Consequently, the landlord was required to serve a 30-day notice, not a 14-day notice. As the predicate notice was defective and cannot be amended, the tenant's motion was granted, and the proceeding was dismissed without prejudice.

Keywords

CARES Act; Nonpayment Dismissed; Private Mortgage/Loan Assigned to Fannie Mae Brings Building Within CARES Act; Landlord Was Required to Serve 30-day Rent Demand Under CARES Act

Share

COinS