"Saint Marks Investors LLC v. Thomas"
 

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.

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