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.
Recommended Citation
"Union Street Flats, LLC v. Smalls" (2025). All Decisions. 1739.
https://ir.lawnet.fordham.edu/housing_court_all/1739