Clinton-178 Towers LLC v. Chapple

Tenant Denied Dismissal of Holdover Suit; Shows Need For, and Granted Discovery

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of Respondent’s Motion to Dismiss or for Discovery and Petitioner’s Cross-Motion to Deem Affidavits of Service Timely Filed on the DHCR nunc pro tunc:Papers NumberedNotice of Motion with Supporting Affirmation & Exhibits A-L 1Notice of Cross-Motion with Supporting Affirmation & Exhibits 1-4 2Affirmation in Opposition & Reply 3Reply Affirmation 4DECISION & ORDER

*1 Upon the foregoing papers, Respondent’s motion and Petitioner’s cross-motion, consolidated herein for determination, are decided as follows. PROCEDURAL HISTORY AND BACKGROUNDThis is a holdover proceeding based on allegations that, since May 2016 and on a continuous basis thereafter, Respondent has hosted frequent “loud, large parties” with guests and visitors observed in the building’s hallways and stairwells engaging in various specified types of “anti-social, disruptive, destructive, dangerous and/or illegal behavior” constituting a nuisance and an objectionable tenancy in violation of Respondent’s lease and Petitioner’s Building Rules and Regulations. The predicate “10 Day Notice to Terminate”, a copy of which is attached to the Petition and incorporated therein by reference at paragraph five, includes descriptions of four specific incidents as well as a prior eviction proceeding based on similar allegations of nuisance behavior that was settled with a probationary agreement that ran through February 2016.The Petition describes the premises as “a fair market apartment” for which Respondent receives a Section 8 rent subsidy administered by the New York State Division of Housing and Community Renewal (DHCR). Both the Petition and the predicate notice assert that, “DHCR is being notified of this proceeding pursuant to 24 CFR 982.310.”

Clinton-178 Towers LLC v. Chapple

Tenant Denied Dismissal of Holdover Suit; Shows Need For, and Granted Discovery

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