Case Type
Holdover-Breach of Lease
Housing Type
HDFC
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-332313-23/KI
Petitioner
17 Pennsylvania Avenue HDFC
Respondent
Myrta Ventura
Judge
Basu, Shantonu, J.
Decision/Order Date
2026-02-17
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding concerning an HDFC, the Civil Court of the City of New York granted the tenant's motion for summary judgment, dismissing the case. The landlord sought to evict the long-term tenant, alleging good cause based on consistent failure to pay rent. However, after applying DRIE credits, the landlord's records only showed three months of unpaid rent totaling $1,500 from 2020. The court, citing precedent and emphasizing the affordable housing purpose of HDFCs, found that this minor, unpursued debt from several years prior did not constitute good cause for eviction. The tenant's counterclaim for harassment was severed.
Keywords
HDFC Good Cause; Three Months Unpaid Rent Does Not Constitute Good Cause For Eviction; Harassment Claim Severed
Recommended Citation
"17 Pennsylvania Avenue HDFC v. Ventura" (2026). All Decisions. 2146.
https://ir.lawnet.fordham.edu/housing_court_all/2146
