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
302180/24
Petitioner
Saint Marks Investors LLC
Respondent
SHANICE THOMAS
Judge
Weisberg, Michael L.
Decision/Order Date
2025-03-13
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
After eviction in a project-based Section 8 nonpayment case, the tenant moved by order to show cause for restoration to possession. The court granted the motion based on equitable considerations: the presence of minor children, arrears under $10,000, and verified approval of rental arrears by DSS's Rental Assistance Unit. The court ordered immediate restoration and allowed re-execution of the warrant if the tenant failed to pay $10,679.50 (including legal and marshal fees) by a set deadline. While the landlord resisted restoration pending check issuance, the court emphasized that no further stay would be granted absent evidence of DSS nonpayment. Ultimately, funds were timely received and the proceeding was discontinued. Practice Note: In post-eviction scenarios involving subsidized housing and DSS arrears grants, courts may weigh household composition and public assistance timelines in favor of equitable relief.
Recommended Citation
"Saint Marks Investors LLC v. Thomas" (2025). All Decisions. 1800.
https://ir.lawnet.fordham.edu/housing_court_all/1800