Case Type
Non-payment
Housing Type
Non-stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-323135-22/KI
Petitioner
PHA Associates 1X LLC
Respondent
Annette Cummings
Judge
Vendzules, Jason
Decision/Order Date
2024-03-26
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Mixed
Synopsis
The court denied the tenant's motion to dismiss the landlord's non-payment case, finding that the landlord's acceptance of ERAP funds constitutes a new month to month agreement after tenant's lease expire. Court allows the landlord to maintain the non-payment proceeding. However, the court granted the tenant's motion to amend her answer to assert additional defenses against the rent claim. Opinion includes a detailed analysis of Shepard-Neely II and its (in)applicability to regulated tenancies.
Recommended Citation
"PHA Associates 1X LLC v. Cummings" (2024). All Decisions. 1434.
https://ir.lawnet.fordham.edu/housing_court_all/1434
