Case Type

Non-payment

Housing Type

HDFC

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

77493/19

Slip Opinion Number

2024 NY Slip Op 24010

Petitioner

Casa Pasiva HDFC

Respondent

Rolando Machado

Judge

Weisberg, Michael L.

Decision/Order Date

2024-01-16

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

This is a non-payment case in which the tenant, who lives in a rent-stabilized HDFC apartment, owed over $40,000 in rent arrears. The landlord sought to evict the tenant, but the court granted the tenant's motion for a stay of eviction. The court found that the tenant had been paying his ongoing rent and that he had applied for rental assistance from the Department of Social Services. The court also found that the landlord would not be penalized by a further stay of the eviction. Key Legal Points: 1) A tenant's ongoing payment of rent can be a factor in a court's decision to grant a stay of eviction; 2) A tenant's application for rental assistance can also be a factor in a court's decision to grant a stay of eviction; 3) A court may consider whether a landlord will be penalized by a stay of eviction before granting the stay.

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