Case Type
Non-payment
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-176 K C
Slip Opinion Number
2025 NY Slip Op 51143(U)
Petitioner
Beverly Holdings N.Y., LLC
Respondent
Tamara Blackwood
Judge
Toussaint, Wavny; Buggs, Chereé, A.; Ottley, Lisa, S.
Decision/Order Date
2025-06-06
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court affirmed the dismissal of the petition, granting the tenant's motion for summary judgment. The tenant successfully used Multiple Dwelling Law § 302-a as an affirmative defense, proving that the landlord failed to correct rent-impairing violations in the building's public areas for over six months. The court rejected the landlord's argument of lack of access, as the violations were not within the tenant's apartment. It also dismissed the landlord's claim that the tenant failed to certify the uncorrected violations, noting that the landlord's own failure to file a certification of compliance established a prima facie case.
Keywords
Rent Impairing Violations; MDL § 302-a(3)(c); 100% Rent Abatement; Lack of Access not a Defense Where Violations are in Public Spaces
Recommended Citation
"Beverly Holdings N.Y., LLC v. Blackwood" (2025). All Decisions. 1866.
https://ir.lawnet.fordham.edu/housing_court_all/1866
