Case Type

Holdover-Breach of Lease

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

LT-330166-24

Petitioner

CHV 690-738 Albany Avenue LP.

Respondent

Amr Kandil, Jamillah Ali-Abdelqader, Jane Doe, Jane Doe

Judge

Cohen, Hannah

Decision/Order Date

2026-03-11

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The undertenant, claiming domestic violence victim status and an informal marriage to the primary tenant in a Section 8 rent-stabilized unit, moved to dismiss a holdover proceeding, citing improper VAWA and CARES Act notices. The court denied the motion, ruling the undertenant lacked standing to assert VAWA defenses due to failure to establish a colorable claim to succession rights. The court further held that VAWA protections apply only to applicants and tenants, not occupants, and the CARES Act’s 30-day notice provision is for nonpayment, not holdover, proceedings. The undertenant was granted leave to file an answer.

Keywords

VAWA; Expired VAWA Notice; Definition Of Tenant In VAWA; Standing To Assert VAWA Defenses; Undertenants Not Subject To VAWA Requirements; Failure To Establish Colorable Claim Of Succession Precludes Undertenant’s Right To Assert Defenses In Nonpayment; CARES Act 30-Day Predicate Notice Applies To Nonpayments, Not Holdovers

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