Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
L&T 333991/2024
Slip Opinion Number
2026 NY Slip Op 26018
Petitioner
Miracle Temple Apostolic Holiness Church of America, Inc.
Respondent
Seleah Mack, Anthony Heward, John Doe, Jane Doe
Judge
Ortiz, Javier E.
Decision/Order Date
2026-02-03
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the landlord sought to evict month-to-month tenants based on a 90-day notice, claiming exemption from the Good Cause Eviction Law (GCEL) under RPL § 214(14) as a religious institution. The tenants moved to dismiss, arguing the landlord failed to state a cause of action. The court interpreted RPL § 214(14) to require current use of the premises by the religious facility, not merely future intent to house missionaries. Finding that the landlord's current use was only for rental purposes and the unit was not tax-exempt or currently affiliated with the church, the court granted the tenants' motion, dismissing the proceeding without prejudice for failure to state a cause of action and facts under RPAPL § 741(4).
Keywords
GCEL; RPL § 214(14); Religious Exemption To GCEL Applies To Current Use, Not Future Use; RPAPL § 741(4)
Recommended Citation
"Miracle Temple Apostolic Holiness Church of Am., Inc. v Mack and Heward" (2026). All Decisions. 2117.
https://ir.lawnet.fordham.edu/housing_court_all/2117
