Case Type
Non-payment
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-310678-22
Petitioner
Eleven Eleven Realty Assoc.
Respondent
Jose Elizabeth
Judge
Golden, Tashanna B.
Decision/Order Date
2024-03-13
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this non-payment case in a co-op in Kings County, the tenant moved for summary judgment seeking a 100% rent abatement based on rent impairing violations in the common areas of the premises, citing MDL § 302-a. The landlord opposed, arguing lack of control over the common areas. However, evidence presented suggested landlord's control over maintenance decisions. The court granted tenant's motion, awarding the rent abatement, emphasizing landlord's responsibility under RPAPL 235-b to maintain habitability, and interpreting MDL § 302 to cover violations in areas under landlord's control, resulting in a substantial win for the tenant.
Recommended Citation
"Eleven Eleven Realty Assoc. v. Elizabeth" (2024). All Decisions. 1417.
https://ir.lawnet.fordham.edu/housing_court_all/1417
