"Union Street Flats, LLC v. Smalls"
 

Case Type

Non-payment

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

L&T 307176/24

Petitioner

Union Street Flats, LLC

Respondent

Smalls, Danequa; "John Doe"; "Jane Doe"

Judge

McClanahan, Kevin C.

Decision/Order Date

2025-03-11

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant successfully defended against landlord’s non-payment claim by proving severe breaches of the warranty of habitability, including persistent leaks, black mold, roaches, and lack of hot water from 2021-2024. The court awarded a 25% abatement for leaks and mold and a 10% abatement for hot water and roaches, totaling $53,006.10—far exceeding the rent owed. The petition was dismissed with prejudice, and tenant received a money judgment of $50,619.10.

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