Case Type
Non-payment
Housing Type
HDFC
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-001450-20/BX
Petitioner
Diego Beekman Mutual Housing Association Housing Development Fund Corp.
Respondent
Larkins; NYCHA; Larkins
Judge
Baum, Howard
Decision/Order Date
2025-04-09
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding, the tenant moved to dismiss under RPAPL § 731(4), asserting that rent arrears cited in the petition were fully paid before any hearing occurred. The case was delayed due to pandemic-related court closures and statutory stays under the COVID-19 Emergency Eviction and Foreclosure Prevention Act and ERAP. During the stay, the tenant paid $4,074—exceeding the $3,446.96 demanded in the petition—with no earmarking of payments. The landlord opposed, arguing the arrears had since grown, but did not dispute the payment facts. The court held the petition was satisfied under RPAPL § 731(4), as payments were made "prior to the hearing on the petition" and during a lawful stay, thus rendering the proceeding moot. Practice Note: In non-payment cases, tenants can moot proceedings by paying the full arrears before a hearing, even if delays are pandemic-related and no earmarking occurs.
Recommended Citation
"Diego Beekman Mutual Housing Assoc. v. Larkins" (2025). All Decisions. 1793.
https://ir.lawnet.fordham.edu/housing_court_all/1793
