Case Type

Holdover-Nuisance

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

308247/25

Petitioner

2676 GC LLC

Respondent

Soraya Bido, John Doe, Jane Doe

Judge

Baum, Howard

Decision/Order Date

2026-04-09

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

This holdover proceeding for nuisance was dismissed without prejudice after the tenant's motion to dismiss was granted. The court found that the landlord vitiated the predicate notice of termination by accepting Section 8 rental subsidy payments from NYCHA during the 'window period' (after the termination date and before commencing the proceeding). The landlord failed to demonstrate that the acceptance was inadvertent or that efforts were made to return the payments, despite arguing that halting Section 8 payments was complex. A proper notice of termination is a required predicate, and its vitiation led to the landlord's failure to state a cause of action.

Keywords

Nonpayment; Vitiation; Section 8 Payments During Window Period

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