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1507 Johns LLC v. Hernandez

Landlord's Summary Holdover Proceeding Dismissed for Failure to State Cause of Action

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Recitation, as required by CPLR 2219(a), of the papers considered:Papers NumberedNotice of Motion (Contempt)              1Opposition to Contempt Motion          2Notice of Motion (Dismiss)  3Opposition to Motion to Dismiss        4Replying Affidavits             5DECISION/ORDER

*1 After argument and upon the foregoing cited papers, the decision/order on this motion is as follows:This summary holdover proceeding is brought by Petitioner seeking possession of the premises located at 1507 St Johns Place, # B3, in Brooklyn NY. Both sides are represented by counsel. Respondent’s motion seeks dismissal, pursuant to CPLR §3211, for failure to state a cause of action, and, in the alternative, seeks to interpose an Answer and for summary judgment based upon the defense of equitable estoppel or frustration of Respondent’s ability to cure.At the heart of this case is a thirty-year, rent stabilized, tenancy and a NYCHA Section 8 subsidy which terminated in 2013. Petitioner’s case alleges that Respondent has breached a substantial obligation of her tenancy because she failed to maintain her NYCHA Section 8 subsidy due to fraud. Respondent claims that her NYCHA Section 8 subsidy was terminated in 2013 because her apartment repeatedly failed the NYCHA Housing Quality Standards (HQS) inspections. Thereafter, despite attempts to reinstate her subsidy, Respondent states that her

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