Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
322175/24
Petitioner
445 BLEECKER BH LLC
Respondent
FAUSTO ALEJANDRO JARA CASTRO, JOHN DOE, & JANE DOE
Judge
Slutzky, Elyssa O.
Decision/Order Date
2025-08-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, the court granted the tenant's motion for summary judgment, dismissing the proceeding. Although the building predated C of O requirements, the court found that the landlord had illegally altered the building by creating additional apartments without the required permits. This action constituted a violation of Multiple Dwelling Law §§ 301 and 302, which prohibits a landlord from collecting rent or maintaining a non-payment action for an illegally occupied dwelling. Based on judicial notice of DOB and ECB violations, the court determined the landlord was barred from pursuing the action, resulting in a substantial win for the tenant.
Recommended Citation
"445 BLEECKER BH LLC v. FAUSTO ALEJANDRO JARA CASTRO" (2025). All Decisions. 1880.
https://ir.lawnet.fordham.edu/housing_court_all/1880
