Case Type
HP
Housing Type
HDFC
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-315447-25/QU
Petitioner
148-10 ARCHER AVE TENANT ASSOCIATION ET AL.
Respondent
JAMSTA II HOUSING DEVELOPMENT FUND CORPORATION, CJ PLAZA TWO LLC, BRP JAMSTA TWO TC OWNER LLC, NYC DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, NYC DEPARTMENT OF BUILDINGS
Judge
Ibrahim, Shorab
Decision/Order Date
2026-05-13
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Civil Court denied the landlord's motion to dismiss an HP proceeding challenging the argument that Housing Court lacks subject matter jurisdiction to enforce the Housing Maintenance Code because CCA § 110(a) does not explicitly refer to "special proceedings." The court held that CCA § 110(a) charges the Housing Part with enforcement of housing standards broadly, and that HP proceedings serve a broad statutory enforcement mechanism in the public interest, not merely individual landlord-tenant disputes.
Keywords
HP; Landlord's MTD Denied; Court has Subject Matter Jurisdiction to Enforce HMC; CCA § 110(a); Housing Maintenance Code; Special Proceeding; D'Agostino v Forty-Three E. Equities Corp
Recommended Citation
"148-10 Archer Ave Tenant Association v. Jamsta II Housing Development Fund Corporation" (2026). All Decisions. 2230.
https://ir.lawnet.fordham.edu/housing_court_all/2230
