2025 NY Slip Op 50220(U)
New York District Court2025Background
- Options for Community Living, Inc. (Landlord) operates a residential facility funded by HUD and entered into a residency agreement with Renee Walker (Tenant) in August 2018.
- In October 2022, Options served Walker with a 90-day notice of termination, citing violations such as smoking, uncleanliness, and disruptive behavior.
- In March 2023, Options filed a summary proceeding to recover possession of the premises following Walker's alleged breach of the residency agreement.
- Walker moved to dismiss, arguing the landlord failed to allege compliance with necessary federal regulations and improperly accepted rent after issuing a termination notice.
- The Petition did not attach the residency agreement or specify the tenant’s regulatory status.
- The landlord did not file any opposition to the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to plead tenant's regulatory status | No explicit defense presented | Petition omits necessary HUD regulatory status | Petition defective, dismissed |
| Compliance with regulation prior to termination | Not addressed | Landlord failed to plead regulatory compliance | Petition defective, dismissed |
| Acceptance of rent after notice of termination | Not addressed | Rent acceptance vitiated termination notice | Not reached (moot) |
| Sufficiency of pleadings (attachment of lease) | Not addressed | Petition omitted the operative residency agreement | Petition defective, dismissed |
Key Cases Cited
- Villas of Forest Hills v. Lumberger, 128 AD2d 701 (pleading and compliance with regulatory statutes is mandatory in summary proceedings)
- Fortune Soc'y v. Brown, 68 Misc 3d 956 (failure to state regulatory status requires dismissal of summary proceeding)
- Park Properties Assocs., L.P. v. Williams, 38 Misc 3d 35 (tenancy’s regulatory status must be pled in summary eviction petitions)