FAC Renaissance HDFC v Vega (2017 NY Slip Op 50480(U))
[*1]
FAC Renaissance HDFC v Vega
2017 NY Slip Op 50480(U) [55 Misc 3d 1210(A)]
Decided on March 3, 2017
Civil Court Of The City Of New York, Kings County
Stanley, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on March 3, 2017
Civil Court of the City of New York, Kings County
FAC Renaissance
HDFC, Petitioner,
against
Carmen Vega, Respondent.
L & T 086543/16
Petitioner's counsel: Sperber Denenberg & Kahn, PC, by Seth Denenberg,
Esq.
Respondent's counsel: Brooklyn Legal Services, by Brett A. Dolin
John H. Stanley, J.
Papers Numbered
Order To Show Cause and Affidavits Annexed 1-2
Notice of Cross-Motion
and Affidavits Annexed Affidavits/Affirmation in Opposition 9
Reply
Affidavits/Affirmation 3
Memorandum of Law
Exhibits 4-8, 10
Affidavit/Affirmation/Acknowledgment of Service
Respondent moves to dismiss this summary holdover proceeding for several reasons. In
particular, respondent seeks dismissal under CPLR 3211(a)(7) for failure to state of cause of
action as required under RPAPL §741(4). Respondent alleges that petitioner failed to
properly serve the Department of Housing Preservation and Development (HPD) as required by
24 CFR § 982.310(e)(2)(ii).
Petitioner seeks to regain possession of a federally subsidized Section 8 apartment
administered by HPD. Section 8 is a federally funded government program that provides a rental
subsidy to landlords who provide housing to low income individuals. Respondent argues that 24
CFR § 982.310(e)(2)(ii) requires petitioner to serve HPD with a notice prior to