Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
312919/2022
Petitioner
Haljamar Realty Corp.
Respondent
Renee Mizrachi, Rachael Mizrachi, and Shlomit Levy
Judge
Stoller, Jack
Decision/Order Date
2025-07-17
Posture
Other
Disposition
Judgment for Landlord
Winner
Tenant Substantially Won
Synopsis
In this nonpayment case, the court awarded the tenants a substantial rent abatement of over $76, 000 for the landlord's breach of the warranty of habitability. The tenants successfully proved the existence of numerous conditions, including leaks, mold, and defective surfaces, using HPD violations and trial testimony. While the landlord was granted a final money judgment for the remaining arrears, the court significantly reduced the amount owed. The decision underscores the importance of a fact-based defense in abatement cases to meet the preponderance of the evidence standard.
Keywords
Rent Abatement; Decision After Trial
Recommended Citation
"HALJAMAR REALTY CORP. v. MIZRACHI" (2025). All Decisions. 1901.
https://ir.lawnet.fordham.edu/housing_court_all/1901
