Case Type
Non-payment
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
LT31149422/KI
Slip Opinion Number
2023 NY Slip Op 23348
Petitioner
Congregation Ohel Yizchock
Respondent
Mike Leitman and Bella Leitman
Judge
Basu, Shantonu J.
Decision/Order Date
2023-11-03
Posture
Pre-answer Motion by Landlord
Disposition
Motion Denied for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord brought a non-payment proceeding against the tenant after the lease expired, but before the commencement of the proceeding, the tenant applied for and received ERAP benefits. The court found that the tenant's actions implied an agreement to continue paying rent in exchange for the ERAP assistance, even though there was no written lease agreement in effect. This case expands the potential for landlords to bring non-payment proceedings without a written lease agreement if the tenant has taken steps that imply an agreement to continue paying rent.
Recommended Citation
"Congregation Ohel Yizchock v. Leitman" (2023). All Decisions. 1352.
https://ir.lawnet.fordham.edu/housing_court_all/1352
