Case Type
Non-payment
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2019-1087 K C
Slip Opinion Number
2024 NY Slip Op 24016
Petitioner
712 Realty, LLC
Respondent
Mireille Poliard
Judge
Toussaint, Wavny; Buggs, Chereé A.; Mundy, Marina Cora
Decision/Order Date
2024-01-12
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
In a nonpayment proceeding involving a rent-stabilized tenancy, the landlord sought possession and rent arrears from the tenant. The tenant raised a defense of breach of the warranty of habitability based on a mold condition in the apartment. The court found that the landlord provided sufficient evidence to establish the rent arrears and rebutted the tenant's claims regarding the mold condition. Despite the tenant's arguments, the court ruled in favor of the landlord, granting judgment for possession and rent arrears. This case underscores the importance of landlords maintaining habitable living conditions and tenants' rights to assert defenses under the warranty of habitability doctrine. It also highlights the burden of proof in nonpayment proceedings and the significance of evidence in establishing arrears.
Recommended Citation
"712 Realty, LLC v. Poliard" (2024). All Decisions. 1388.
https://ir.lawnet.fordham.edu/housing_court_all/1388
