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
LT-310271-23
Petitioner
57 ELMHURST LLC
Respondent
LUZ ELENA MORALES, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2024-05-07
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment case involving a rent-stabilized building, the tenant moved to dismiss the proceeding and for sanctions against the landlord. The court granted the tenant's motion to dismiss, finding that the rent demanded ($248.80) was entirely covered by a $50 permanent monthly rent reduction ordered by DHCR due to a reduction in building services. The landlord had improperly commenced the case despite the DHCR order. While denying the tenant's request for sanctions, the court imposed a $5,000 sanction on the landlord sua sponte for violating a prior order to cease maintaining such cases without accounting for the DHCR rent reduction. The court admonished the landlord's attorneys for failing to exercise reasonable diligence in reviewing case filings for legal sufficiency before allowing frivolous cases to proceed.
Recommended Citation
"57 Elmhurst aLLC v. Morales" (2024). All Decisions. 1501.
https://ir.lawnet.fordham.edu/housing_court_all/1501
