Case Type

Holdover-Nuisance

Housing Type

Project Based Section 8

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

156223/2025

Petitioner

Roosevelt Island Associates

Respondent

Steven R. Heller

Judge

Frank, Lyle E.

Decision/Order Date

2026-04-16

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord, owner of subsidized housing for persons with disabilities and senior citizens, commenced an action seeking rental arrears, injunctive relief for objectionable conduct, and ejectment. The tenant moved to dismiss the ejectment cause of action. The court denied the landlord's cross-motion for partial summary judgment as procedurally improper. While denying the tenant's request to transfer the case to Housing Court due to the demand for injunctive relief, the court granted the tenant's motion to dismiss the ejectment cause of action, finding the termination notice deficient as it failed to advise persons with disabilities of their right to request reasonable accommodations, as required by the HUD Handbook.

Keywords

Supportive Housing Provider; Termination Notice Must Comply with HUD Handbook Requirements; Reasonable Accommodation; Ejectment Cause of Action Dismissed

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