Judge Diane Lutwak
Prime tenant Vargas sought to recover possession of the first floor bedroom and common areas of the subject apartment in this holdover eviction proceeding from alleged undertenant Sotelo, and Laboy, an alleged undertenant of Sotelo. The petition alleged Sotelo entered into a written week-to-week rental agreement and was served with written notice terminating the tenancy. Laboy moved to dismiss arguing lack of standing and lack of subject matter jurisdiction, among other things. She claimed New York City owned the premises, but Vargas provided a letter from a tenants association secretary indicating Vargas was the prime occupant of the premises—a “homesteading building.” The court noted the Unified Court System’s website provided instructions and forms under a “roommate holdover program,” that may be used in circumstances presented here to generate papers required to commence a case as this, and dismissal for lack of subject matter jurisdiction. Also, dismissal for lack of capacity to sue was denied as respondent’s conclusory statement Vargas’ claim he was a prime tenant was not plausible was insufficient to warrant dismissal, noting while HPD owned the building, one need not be an owner to bring a summary eviction proceeding.