Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
305429/21
Petitioner
CONCORD AVE ASSOC LP
Respondent
TIMOTHEUS WHALEY SR
Judge
SHAHID, OMER
Decision/Order Date
2025-06-10
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the tenant successfully moved to vacate a pro se stipulation of settlement and subsequent order, and to dismiss the case. The court found good cause to vacate the stipulation because the tenant, unrepresented, improvidently entered into an agreement waiving viable defenses, particularly breach of warranty of habitability and the landlord's failure to properly plead the tenancy's regulatory status as a HOME TBRA recipient. The landlord's non-compliance with the HOME TBRA program, including failure to renew the Rental Assistance Contract and unapproved rent increases, meant the arrears claimed were inflated and not solely due to tenant's nonpayment, leading to dismissal without prejudice.
Keywords
Failure to Plead TBRA Grounds for Dismissal
Recommended Citation
"CONCORD AVE ASSOC LP, v. TIMOTHEUS WHALEY SR" (2025). All Decisions. 1824.
https://ir.lawnet.fordham.edu/housing_court_all/1824