Case Type
Non-payment
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
Landlord commenced a non-payment proceeding against a rent-controlled tenant. Tenant moved to dismiss based on rent-impairing violations and harassment. Court granted tenant's motion, finding rent-impairing violations existed for over a year, and landlord failed to correct them. The court granted a 100% rent abatement from October 2019 to June 2023 due to these violations. Court also found evidence of harassment based on landlord's repeated failure to correct the roof leak and imposed a $10,000 penalty. Landlord's prior squatter holdover proceedings were deemed not to constitute harassment.
Recommended Citation
"294 5th Ave. Realty Partners LLC v. Jimenez" (2024). All Decisions. 1568.
https://ir.lawnet.fordham.edu/housing_court_all/1568
