Bennett v. Brooks

• Decision Date: 01 October 2021
• Citation: 2021 NY Slip Op 50943 (U)
• Parties: Kahiesha Bennett, Petitioner-Landlord, v. Toni Brooks, Michael Adams and Franklyn Doe, Respondents-Tenants.
• Court: New York City Court

2021 NY Slip Op 50943(U)

Kahiesha Bennett, Petitioner-Landlord,
v.
Toni Brooks, Michael Adams and Franklyn Doe, Respondents-Tenants.

City Court of Mount Vernon

October 1, 2021

Unpublished Opinion

Kahiesha Bennett Petitioner pro se [redacted].

Legal Services of the Hudson Valley, Attorneys for Respondent.

ADAM SEIDEN, J.

Petitioner commenced this holdover proceeding in June 2021 seeking to recover possession of the residential premises following the expiration of the parties rental agreement.

Respondent now moves to dismiss this holdover proceeding on the grounds that 1)the notice of termination, notice of petition and petition were not served upon the Public Housing Authority administering the Section 8 voucher 2) the petition fails to plead the Section 8 status of the tenancy, and 3) the predicate notice is defective.

Respondent opposes the motion.

Respondent's counsel, Mary Grace Ferone, affirms that upon information and belief, respondent is the recipient of a Section 8 voucher administered by CVR. She affirms that respondent's portion of the rent is $366 and that CVR pays the remainder of the rent in the amount of $1, 384. Counsel argues that the petition must be dismissed because Federal regulation 24 CFR § 982.31 (e)(2)(ii) requires that an owner/landlord seeking to terminate a tenancy under a Section 8 program must give the Public Housing Authority a copy of any eviction notice to the tenant, including the termination notice, petition and notice of petition. Counsel argues that the petitioner failed to served the PHA with any termination notices. Counsel further argues that petitioner failed to plead the Section 8 status of the tenancy in her papers, thus rendering the predicate notice and petition defective. Accordingly, counsel argues that the petition must be dismissed.

In opposition to the motion, petitioner states that when she served the termination notice on August 26, 2020, she notified CVR of her intention to terminate the respondent's lease. She maintains that she emailed the respondent's case worker, Nikki Shields, and informed her that she was terminating the tenancy because Respondent Brooks broke her rental agreement. She argues that she attached a copy of the Notice to Terminate to the email she sent Ms. Shields. A copy of the purported email to Ms. Shields, dated September 4, 2020 is attached to respondent's opposition papers. A Notice of Infraction, dated September 4, 2020, from Nikki Shields addressed to the petitioner is also attached to the papers as Exhibit A. Petitioner argues that the Notice of Infraction from CVR evidences that she notified the Section 8 administrator that she was seeking to evict the respondent. She further argues that she entrusted the Mount Vernon City Marshal's office to serve the papers. She states that CVR was served with the Notice of Petition and Petition by certified mail on June 3, 2021. A copy of a U.S. Postal Service certified mail receipt No.7017 3380 0001 0777 8980 addressed to CVR, 112 E. Post Road, Suite #102, White Plains, NY 10601 is attached to the opposition papers as Exhibit B.

In reply, respondent's counsel maintains that no affidavit of service has been filed alleging proper service of the CVR. Counsel affirms that the...