Case Type

Non-payment

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

71059/2019

Petitioner

276-W71, LLC

Respondent

Gilberto Santamaria

Judge

Stoller, Jack

Decision/Order Date

2023-11-02

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court granted the tenant's motion to vacate the warrant of eviction due to the petitioner's failure to participate in processes to procure rent arrears from HRA. The court stayed execution of the warrant until the petitioner completes the City FHEPS package and the tenant pays the rent owed, emphasizing the equitable factors involved and the requirement for tenants to pay rent owed to permanently stay the warrant of eviction.

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