"New York City Housing Authority managed by Seth Low Houses v. Ingram"
 

Case Type

Non-payment

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-326154-23/Kl

Petitioner

New York City Housing Authority managed by Seth Low Houses

Respondent

Nafeesha Ingram; Sean Johnson

Judge

Ortiz, Javier E.

Decision/Order Date

2025-05-01

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Following a default eviction in a nonpayment case, the tenant and her three children were rendered homeless for over a month. The court found restoration warranted despite nonpayment due to the unlawful eviction of unserved occupants, including a child who had just turned 18. The landlord’s blanket policy of naming only the head of household in nonpayment proceedings violated RPAPL §§749(1)-(2). The court was persuaded by the tenant's policy argument highlighting NYC’s homeless student crisis and ordered restoration forthwith under RPAPL §749(3), prior to arrears being paid, citing equitable grounds and pending emergency rental assistance. Practice Note: Courts may exercise discretion to restore possession before arrears are paid when landlords unlawfully evict non-named occupants and serious hardship is shown.

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