Case Type
Holdover-Illegal Sublet
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
LT-069208-16/NY
Petitioner
BLDG MANAGEMENT CO., INC.
Respondent
PUBLIC ADMINISTRATOR OF CITY OF NEW YORK FOR THE ESTATE OF GERALD FISHER, MICHAEL RICHARDS
Judge
Ferdinand, Tracy E.
Decision/Order Date
2025-07-28
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The court denied the landlord's motion to strike the tenant's answer for failure to comply with a pre-HSTPA order to pay use and occupancy. While the court acknowledged that it had the authority to strike the answer under the pre-HSTPA version of RPAPL § 745, it found that the tenant's default was not "willful and contumacious." The court noted that the tenant had made good-faith efforts to pay, including applying for ERAP, which the landlord rejected. As a result, the court instead ordered an immediate trial on the illegal sublet/succession claim, consistent with the remedy provided in the current version of RPAPL § 745.
Keywords
Motion to strike answer for failure to comply with pre-HSTPA order to pay use and occupancy denied because the defaults were not willful and contumacious; HSTPA amendment to RPAPL § 745 now precludes final judgment and instead requires immediate trial
Recommended Citation
"BLDG MANAGEMENT CO., INC. v. PUBLIC ADMINISTRATOR OF CITY OF NEW YORK FOR THE ESTATE OF GERALD FISHER" (2025). All Decisions. 1934.
https://ir.lawnet.fordham.edu/housing_court_all/1934
