Case Type

Holdover-Other

Housing Type

HDFC

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-306940-25/KI

Slip Opinion Number

2026 NY Slip Op 32212(U)

Petitioner

141 MacDonough Street Housing Development Fund Corporation

Respondent

Raymond Reid

Judge

Sulay K. Grant, J.

Decision/Order Date

2026-08-18

Posture

Pre-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Grimmet government-entwinement test satisfied: HDFC operates under Private Housing Finance Law Article XI, its deed and certificate of incorporation carry HPD approval requirements and low-income use covenants, and Board of Estimate resolutions provide a partial tax exemption running through July 2029. Constitutional due process therefore requires the HDFC to demonstrate 'cause' to evict. The notice of termination states only that the tenant 'failed to pay rent'—no period, no rate, no arrears balance. This is legally insufficient: vague and conclusory. Additionally, 16 HPD violations exist against the premises (15 served before the notice) and 40 building-wide violations, 2 of which are rent-impairing. Proceeding dismissed.

Keywords

HDFC; Private Housing Finance Law Article XI; General Business Law § 352-eeee; Government Entwinement; Constitutional Due Process; Grimmet Test; Good Cause Required for Eviction; 512 East 11th Street HDFC v Grimmet; Vague Predicate Notice; Failure to Pay Rent Allegation Insufficient

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