Case Type
Holdover-Nuisance
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-316344-25/KI
Petitioner
MARCUS GARVEY PRESERVATION LLC
Respondent
LAQUANA CHAPPELLE, JOHN DOE, JANE DOE
Judge
Bacdayan, Karen May
Decision/Order Date
2026-06-26
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nuisance holdover involving an allegedly problematic dog, the court grants the tenant's motion by Order to Show Cause and dismisses the petition for failure to state a cause of action because the landlord failed to serve the VAWA notice of occupancy rights—required by applicable HUD regulations—along with the predicate notice of termination. The court observes that 'while some irregularities in a predicate notice may be overlooked, the failure to append a federally required notice to the notice of termination is not a mere irregularity.'
Keywords
Nuisance Holdover; Dog; Petition Dismissed for Failure to Serve VAWA Notice; HUD Regulations; RPAPL
Recommended Citation
"Marcus Garvey Preservation LLC v. Chappelle" (2026). All Decisions. 2291.
https://ir.lawnet.fordham.edu/housing_court_all/2291
