"CONCORD AVE ASSOC LP, v. TIMOTHEUS WHALEY SR"
 

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

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