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
LT-328846-24/KI
Petitioner
EAST 93RD ST ASSOCIATES LP
Respondent
PATRICIA WALTERS et al
Judge
Danescu, Madalina
Decision/Order Date
2025-11-03
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved for summary judgment seeking to bar the landlord from collecting rent under MDL § 302-a due to a rent-impairing violation and asserting a harassment counterclaim. The court denied summary judgment on the MDL § 302-a claim, ruling that the tenant failed to conclusively prove that HPD mailed the notice of violation to the landlord, a material element of the defense. The harassment claim, based on the landlord's repeated failure to make repairs, was also denied as an issue of fact existed regarding the tenant's alleged refusal to provide access. The case was adjourned for trial.
Keywords
Rent-Impairing Violations; MDL § 302-a; Tenant Must Prove That HPD Mailed Notice To Owner; Harassment; Refusal To Provide Access
Recommended Citation
"EAST 93RD ST ASSOCIATES LP v. Walters" (2025). All Decisions. 2032.
https://ir.lawnet.fordham.edu/housing_court_all/2032
