Case Type
Holdover-Non-primary Residence
Housing Type
Rent Controlled
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-327208-23/KI
Petitioner
294 5th Ave. Realty Partners LLC
Respondent
Yolanda Jimenez, Alberto Jimenez
Judge
Bacdayan, Karen M.
Decision/Order Date
2024-06-03
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this case the landlord sought unpaid rent, a long-term rent-controlled tenant, claiming $152 per month from October 2019 to August 2023. Respondent, who had lived in the apartment her whole life, countered with evidence of ongoing rent-impairing violations, including a leaking roof and rodent infestation, which remained unresolved despite claims of remediation. The court granted a 100% rent abatement from October 2019 to June 2023 due to these violations, citing the landlord's failure to correct them promptly. The court also imposed a civil penalty for harassment due to the landlord's neglect in addressing serious housing maintenance code violations over several years.
Recommended Citation
"294 5th Ave. Realty Partners LLC v. Jimenez" (2024). All Decisions. 1568.
https://ir.lawnet.fordham.edu/housing_court_all/1568
