Case Type

Nonpayment

Housing Type

Section 8 voucher

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-317218-25/BX

Petitioner

2037 Hughes Avenue LLC

Respondent

Orlando Cosme, John Doe, Jane Doe

Judge

Rumprecht-Behrens, Agata E.

Decision/Order Date

2026-08-05

Posture

Post-Judgment Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant defaulted in a nonpayment proceeding and moved to vacate the default judgment and warrant. The court granted the motion, finding a reasonable excuse for the default and potentially meritorious defenses, including failure to comply with the CARES Act's 30-day notice requirement for Section 8 voucher tenancies, improper rent demand, and breach of the warranty of habitability. The parties were restored to the status quo and tenant was permitted to interpose a late answer.

Keywords

CARES Act; Failure to Serve 30-Day Notice in a Covered Dwelling Requires Dismissal

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