Case Type
Holdover
Holdover Type
Nuisance, Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-310364-22/NY
Slip Opinion Number
2023 NY Slip Op 23223
Petitioner
CUCS West 127th Street LLC
Respondent
Ebstessam Eshaq
Judge
Bacdayan, Karen May
Decision/Order Date
2023-07-24
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant, Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Respondent lives in supportive housing and the landlord, CUCS (a supportive housing landlord) brought a breach of leave and nuisance holdover based upon nuisance behavior. The court dismissed the proceeding based on deficiencies in the predicate notices. The decision contains a detailed analysis of the tenant's particular circumstances and how they impacted whether the predicate notices met the "reasonable under the attendant circumstances" standard. The decision follows a recent trend—citing Prospect Union Assocs. v DeJesus, 167 AD3d 540, 543 [1st Dept 2018]--of housing courts to provide accommodations to disabled tenants to provide equal opportunity to use and enjoy their apartments and avoid an eviction. The decision also dismisses the landlord's nuisance claim on the basis that the petitioner did not state how the tenant's behavior was impacting other neighbors, as required in a nuisance proceeding.
Recommended Citation
"CUCS West 127th Street LLC vs. Eshaq" (2023). All Decisions. 1080.
https://ir.lawnet.fordham.edu/housing_court_all/1080
