Case Type

Holdover-Nuisance

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

301012-21

Petitioner

RIVER PLACE II, LLC

Respondent

DANIEL C. HURD, ALI REZA

Judge

Bacdayan, Karen May

Decision/Order Date

2023-06-26

Posture

Pre-answer Motion by Tenant

Disposition

Other

Winner

Other

Synopsis

In a nuisance holdover proceeding, the court voided a "no cure" provision in a probationary stipulation between a landlord and tenant, finding it against public policy. The court ordered a hearing to determine if the tenant, who alleged behavior breaches due to a mental health condition, is entitled to reasonable accommodation under the Fair Housing Act, emphasizing landlords' obligations to accommodate disabled tenants. This decision aligns with legal precedents protecting individuals with disabilities in housing disputes.

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