Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Papers Numbered Order to show Cause/Notice of Motion and Affidavits/Affirmations annexed 1/NYSCEF 16-27 Answering Affidavits/Affirmations 2/NYSCEF 30-29 Reply Affidavits/Affirmations 3/NYSCEF 33 Memoranda of Law Other Decision/Order Upon the foregoing cited papers, the Decision/Order on the (motion/order to show cause) is (granted/denied) for the following reason(s): Respondents motion to dismiss pursuant to CPLR 3211(a)(2), 3211(a)(7), 3211(a)(1) is granted. Petitioner fails to state a cause of action and documentation evidence provided (i.e., the lease NYSCEF Doc.19). Specifically, the CARES Act (Section 4024) is applicable herein as it requires an owner receiving federally subsided rental assistance to provided a 30 day notice to vacate in a legal action against a tenant. Here, the subject premises is XXXX. 42 USCA §1437(f) an evidence by the documentary evidence (Exhibit C NYSCEF Doc.19) which admits that the contract rent is determined by NYCHA in accordance with federal H.U.D requirements, Petitioner merely provided a 14 day Rent demand not a 30 day notice to vacate. As such, based on the documentary evidence (lease), the petition is dismissed for non-compliance with CARAS Act. Andrews v. Juan Rodriguez (LT # 310838/23 Bronx Cty, Civil Ct, Judge Lutwiz – NYSCEF Doc 13). Additionally, Petitioner provides to opposition to Respondents argument seeking dismissed for violations notice requirements under Federal Violence against woman Act (VAWA), which require (24 CPLR §5.2025). Petitioner (covered housing provided) to provide tenants with notification of then occupancy rights under VAWA with any notification of motion or notification of termination assistance. Here, it is underprovided that such VAWA notification was not provided. As such, the petition is also dismissed for non-compliance with VAWA notice requirements. (Sindari Housing Development Formal Corp v. Haywood LT # 700.30/19-NY/Cty., Civil Court, Judge XXXX NYSCEF Doc. 25). Accordingly, the petition is dismissed without prejudice to new nonpayment. Respondents motion to dismiss is granted. Dated: April 2, 2024
