Case Type
Holdover: Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
78858-19
Slip Opinion Number
51270(U)
Petitioner
Bam Go LIHTC LLC
Respondent
Elexiss Oquendo, JOHN DOE and JANE DOE
Judge
Jimenez, Sergio
Decision/Order Date
2023-10-17
Posture
Post-judgment Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
Landlord brought a holdover proceeding against tenant for violating a probationary stipulation that required tenant to refrain from smoking, making significant noise, and being aggressive with other residents or building staff. The court found in favor of landlord and granted a conditional stay of eviction, requiring tenant to pay ongoing use and occupancy fees and continue complying with the stipulation. Landlord may proceed with eviction upon default of rent payment or further violation of the stipulation. Key Legal Points: Court found credible testimony of two neighbors sufficient to support landlord's position; standard for enforcing a stipulation is lower than standard for proving a nuisance; decision based on specific terms of agreement negotiated by parties, not on general nuisance claim.
Recommended Citation
"Bam Go LIHTC LLC v. Oquendo" (2023). All Decisions. 1328.
https://ir.lawnet.fordham.edu/housing_court_all/1328
