Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-09733
Slip Opinion Number
2025 NY Slip Op 04654
Petitioner
Paula Z. Segal
Respondent
New York State Division of Housing and Community Renewal
Judge
Iannacci, J.P.; Wooten, Ford, Hom, JJ.
Decision/Order Date
2025-08-13
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this Article 78 proceeding, a landlord sought unpaid rent/use and occupancy payments that accumulated during the COVID-19 pandemic eviction moratorium. A prior holdover proceeding resulted in a final judgment of possession for the landlord, but no money judgment. The tenant was subsequently evicted after a lengthy stay due to the moratorium. The court rejected the tenant's claim that the landlord was barred by the doctrine of res judicata from seeking a money judgment for the use and occupancy that accrued after the final judgment. It found that the new claim was not sufficiently related to the original holdover proceeding, thus allowing the landlord to proceed with the claim for the arrears.
Keywords
Claim for Use & Occupancy Allowed for Arrears Accrued During COVID-19 Pandemic Eviction Moratorium; Use & Occupancy Claim Not Barred by Res Judicata Under Circumstances
Recommended Citation
"Matter of Segal v. New York State Div. of Hous. & Community Renewal" (2025). All Decisions. 1912.
https://ir.lawnet.fordham.edu/housing_court_all/1912
