Case Type

Non-payment

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

LT-302915-25/BX

Petitioner

1988 ANTHONY AVE LLC

Respondent

CRYSTAL ALVAREZ

Judge

Danescu, [FN]

Decision/Order Date

2026-05-07

Posture

Post-judgment Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court grants the tenant's motion to vacate the default judgment and dismisses the case. The tenant showed a reasonable excuse — she alleges she did not receive service and that neither she nor any household member matched the process server's description of the person served. The court then dismisses the proceeding outright because the landlord failed to serve a 30-day rent demand as required by the CARES Act, which applies because the unit is subject to a HUD Regulatory Agreement under the National Housing Act.

Keywords

Nonpayment; Default Judgment Vacated; Reasonable Excuse; Meritorious Defense; CARES Act; 30-Day Rent Demand Required; HUD Regulatory Agreement; National Housing Act; Defective Service; Substitute Service Challenged

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