Case Type
Non-payment
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
L&T 324222-24/KI
Slip Opinion Number
2025 NY Slip Op 52165(U)
Petitioner
1451 Associates LP
Respondent
Lisa Jordan
Judge
Ortiz, Javier E.
Decision/Order Date
2025-12-08
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court vacated a pro se tenant's stipulation of settlement in a non-payment proceeding, finding that over 90% of the stipulated arrears were retroactive lump sum charges under Section 8. The HUD Handbook specifies such charges are not grounds for eviction or a possessory judgment, and housing courts cannot issue money judgments without possession. Additionally, the landlord failed to serve a 30-day rent demand required by the CARES Act for this federally-subsidized dwelling. Consequently, the petition was dismissed without prejudice.
Keywords
Project-based Section 8; HUD Handbook; Retroactive Lump Sum Charges Cannot Be The Basis For Eviction, Cannot Be Sought In Housing Court; Money Judgment Can Only Be Issued Concomitant With Possessory Judgment; Pro Se Stipulation Vacated; CARES Act; 30-Day Rent Demand; Proceeding Dismissed
Recommended Citation
"1451 Associates LP v Jordan" (2025). All Decisions. 2114.
https://ir.lawnet.fordham.edu/housing_court_all/2114
