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.
Recommended Citation
"New York City Housing Authority managed by Seth Low Houses v. Ingram" (2025). All Decisions. 1799.
https://ir.lawnet.fordham.edu/housing_court_all/1799