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Exclusive | NYC mom sues NYCHA claiming her 2 kids were b...
Mary K. Jacob · 2026-06-24 · via New York Post

A mouse is never welcome in this house.

A Manhattan mother is suing the New York City Housing Authority after her two young children were bitten by mice inside their Lower East Side apartment, according to an eleventh-hour lawsuit filed this week in Manhattan Supreme Court — just before the statute of limitations ran out.

Doris Montalvo claims in the suit that NYCHA had been put on notice about a rodent infestation at 38 Rutgers St. but refused to act, leaving her family trapped in what the complaint describes as a “dangerous, unsafe, uninhabitable condition,” The Post has learned. 

Both children, identified in court papers only by their initials JM and SM, suffered injuries when mice attacked them inside the apartment on March 23, 2025.

A Manhattan mother is suing the New York City Housing Authority after her two young children were bitten by mice inside their Lower East Side apartment on March 23, 2025, according to a lawsuit filed June 19 in Manhattan Supreme Court.

A Manhattan mother is suing NYCHA after her two young children were bitten by mice inside their Lower East Side apartment on March 23, 2025, according to a lawsuit filed June 19 in Manhattan Supreme Court. J.C. Rice for NY Post

Doris Montalvo, suing on behalf of her two minor children identified only as JM and SM, claims NYCHA was notified of a rodent infestation at 38 Rutgers St., Apt. 7F but failed to exterminate it or maintain the unit in a safe and habitable condition, leaving the family in what the complaint calls a “dangerous, unsafe, uninhabitable condition.”

Doris Montalvo, suing on behalf of her two minor children identified only as JM and SM, claims NYCHA was notified of a rodent infestation at 38 Rutgers St., but failed to exterminate it or maintain the unit in a safe and habitable condition, leaving the family in what the complaint calls a “dangerous, unsafe, uninhabitable condition.” J.C. Rice for NY Post

The filing accuses the housing authority of gross negligence for permitting rodents and vermin to remain on the premises “for an unreasonable length of time” after being notified of the problem. 

NYCHA, which owns, operates and manages the Rutgers Street property, had a duty to keep the unit “in a safe, proper and habitable condition, free of rodents,” the complaint states, particularly the bedroom area where the children were sleeping.

The suit alleges NYCHA and its agents “negligently and carelessly maintained their premises and failed to correct the rodent and vermin infestation,” even after having actual and constructive notice of the hazardous conditions. 

Both children were permanently injured as a result of the attacks, the suit alleges, and Montalvo is also suing individually, claiming she was deprived of the services and companionship of her injured children.

Both children were permanently injured as a result of the attacks, the suit alleges, and Montalvo is also suing individually, claiming she was deprived of the services and companionship of her injured children. Chanawat – stock.adobe.com

The family filed a notice of claim against NYCHA within 90 days of the incident as required by law, but the agency never resolved it, prompting the lawsuit, which was filed just two days before the one-year-and-90-day statute of limitations expired.

A rodent trap seen outside the NYCHA complex. J.C. Rice for NY Post

The housing authority is further accused of failing to warn tenants about the dangers lurking inside the building and of inviting residents to live there without first making the premises safe.

As a result of the bites, the suit alleges the children suffered “permanent” injuries and were rendered unable to carry out their normal daily activities. 

“The plaintiffs were rendered sick, sore, lame, suffered great pain, shock, and anguish, both internally and externally, and has, upon information and belief, been permanently injured,” the complaint states. 

Montalvo is also suing in her own right, arguing she was “deprived of the services, society and companionship” of her children as a direct result of NYCHA’s negligence. The family also incurred hospital and medical expenses tied to the attacks, according to the suit.

Montalvo first put NYCHA on formal notice by filing a notice of claim against the agency within 90 days of the March 2025 incident, as required by law for suits against municipal bodies. 

A rat trap is seen on the premises.

A rat trap is seen on the premises. J.C. Rice for NY Post

The family is seeking damages exceeding the jurisdictional limits of all lower courts.

The family is seeking damages exceeding the jurisdictional limits of all lower courts. J.C. Rice for NY Post

After more than 30 days passed with no resolution or payment from the authority, the family moved forward with the lawsuit. 

Claims against NYCHA carry a statute of limitations of one year and 90 days, a deadline that fell around June 21 of this year. The complaint was filed June 19, just two days before that window closed.

The suit seeks damages exceeding the jurisdictional limits of all lower courts.

When asked for comment, NYCHA told The Post it does “not comment on pending litigation.”

Lawyers for Montalvo did not respond to The Post’s request for comment.