Case Type

Holdover-Licensee

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

L&T 312274/25

Slip Opinion Number

2026 NY Slip Op 32046(U)

Petitioner

YVES DURAND

Respondent

ORVILLE A. NELSON, JEWEL VANN NELSON, JOHN DOE, JANE DOE

Judge

Guthrie, Clinton, J.

Decision/Order Date

2026-05-18

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this no-grounds holdover, the tenant moved to dismiss, arguing the apartment was subject to VAWA, requiring specific notices. The court denied this, finding an issue of fact regarding whether the premises was a covered housing accommodation. The tenant also claimed non-receipt of a GCEL notice with the petition, but the court found it was attached electronically and the petition restated the small landlord exemption. Finally, the tenant sought dismissal for insufficient small landlord information, but the landlord's cross-motion to amend the petition to include co-owner details was granted, as no prejudice was shown. All tenant's motions to dismiss were denied.

Keywords

VAWA Notice; Issue of Fact as to Whether Subject Premises is Covered Housing Accommodation; GCEL Notice; Small Landlord Exemption; Petition Amended To Include Additional Small Landlord Information; Service Of GCEL Notice With Petition

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