1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)

Citation: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Parent Document: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Jurisdiction: New York (state)
Effective Date: 2010-01-08
Original Source: https://www.courtlistener.com/opinion/6311119/1212-grand-concourse-llc-v-ynguil/ ↗

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The NYCHA in its own right as a co-respondent provides additional arguments favoring dismissal. Whereas the tenants look to the Rent Stabilization Code to support the claim that the petitioners must have a “good cause” basis to evict them, the NYCHA focuses its argument on the duties of the petitioners defined under the Williams Second Partial Consent Judgment. (See Williams v New York City Hous. Auth., 81 Civ 1801, Second Partial Consent Judgment, signed Feb. 2, 1995, attached as exhibit A to affirmation in support of respondents’ motion to dismiss and in opposition to petitioners’ cross motion, dated Nov. 13, 2009 ['Williams Second Consent Judgment].) NYCHA points out that the petitioners are bound by the Williams Second Consent Judgment, which requires a petitioner seeking to evict a Section 8 tenant to have a “good cause” basis for doing so, and that such a petitioner must, as well, certify the basis of its claim to the NYCHA. (See Williams Second Consent Judgment.)

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