Housing Type

Rent Controlled

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

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

960/23

Petitioner

Marilynn Pierre

Respondent

Tashia Smullen, George Wills, Johnny Davis, Nkia John Doe(S), and Jane Doe(S)

Judge

Maslow, Aaron D.

Decision/Order Date

2024-01-04

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant in Part, Denied in Part

Winner

Tenant Partially Won

Synopsis

A tenant in rent-controlled apartment sought a temporary restraining order and preliminary injunction against their landlord and other occupants for alleged harassment, property theft, and illegal rent increases. The tenant claimed the landlord removed a dividing wall, glued locks shut, stole personal items, and demanded higher rent despite rent control regulations. However, the court dismissed the petition against all but one occupant due to improper service of legal documents. The court granted a preliminary injunction against the served occupant, prohibiting them from harassing the tenant, stealing or damaging their property, or interfering with the apartment's entry. The court also denied Petitioner's request for reimbursement of costs.Key Legal Points:Proper service of legal documents is crucial for initiating legal action.Tenants in rent-controlled apartments have specific rights regarding rent increases and alterations to the living space.Courts may issue injunctions to prevent future harm based on a demonstration of past harm and a likelihood of future harm.

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