Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT-349407-23/BX

Petitioner

NSA 2015 OWNER LLC

Respondent

Willie Moore, John Doe, Jane Doe

Judge

Gurung, Rfoa

Decision/Order Date

2026-01-14

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the landlord's motion to restore the case for a final judgment and warrant of eviction was denied as moot because the tenant fully complied with the settlement stipulation by paying the agreed-upon arrears. The court additionally held that Private Housing Finance Law (“PHFL”) § 610 charges, which allow rental subsidies to pay above legal regulated rent, do not permit the landlord to increase the tenant's portion of rent or seek a possessory judgment for such charges in a summary proceeding. The entire nonpayment proceeding was dismissed.

Keywords

Motion to Restore for Final Judgment in Nonpay Denied as Moot; No Possessory Judgment for Private Housing Finance Law (“PHFL”) § 610 “Rent” Charges; Additional Rent Charges Above Legal Regulated Rent Not Collectible in Housing Court

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