Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

L&T 300438/23

Slip Opinion Number

2024 NY Slip Op 24097

Petitioner

43-09 47th Avenue LLC

Respondent

Luis Santiago, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2024-03-18

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding against a rent-stabilized tenant, the tenant moved for a stay pursuant to RPAPL § 755 due to a vacate order issued by the Department of Housing Preservation and Development after a fire in the building. The court granted the tenant's motion, holding that the vacate order constructively evicted the tenant, triggering RPAPL § 755(1)(a). Contrary to the landlord's argument, the court ruled that the tenant was not required to deposit all rent arrears under RPAPL § 755(2), but only the monthly rent. The court directed the tenant to pay the $1 monthly rent set by DHCR while the vacate order remained in effect, paid directly to the landlord. The stay would remain until the vacate orders were lifted, at which point either party could move to restore the case.

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