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

LT-300285-21/QU

Petitioner

Macedonia Senior Residence

Respondent

Louise Dejarnette, John Doe, Jane Doe

Judge

Bryan, David J.

Decision/Order Date

2026-07-30

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court dismissed licensee holdover petition because the predicate notice claimed the apartment is subject to project-based Section 8 HUD regulations while the petition stated it is rent stabilized. Court found these inconsistencies substantial and prejudicial, depriving respondent of the ability to effectively contest the eviction, particularly in light of respondent's succession claim.

Keywords

Licensee Holdover – Conflicting Predicate Notice And Petition – Substantial And Prejudicial Inconsistencies Between Predicate Notice And Petition Warrant Dismissal – Respondent Deprived Of Ability To Contest Eviction In Light Of Inconsistent Regulatory Status Claims

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