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
318810-22/KI
Petitioner
MADISON EDJ LLC
Respondent
MEGAN CLERVEAUX
Judge
Jimenez, Sergio, J.
Decision/Order Date
2024-02-21
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding, the tenant successfully invoked the MDL §302-a defense due to ongoing rent-impairing violations, including leaks and pest issues, that persisted for over six months. The court found that the landlord did not adequately address these conditions, thereby barring rent collection from September 2022 to January 2024. The tenant’s counterclaims for habitability breaches were recognized, leading to the case dismissal and the order for the landlord to rectify existing HPD violations within specified timeframes.
Recommended Citation
"Madison EDJ LLC v. Clerveaux" (2024). All Decisions. 1487.
https://ir.lawnet.fordham.edu/housing_court_all/1487
