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-329410-24/KI

Slip Opinion Number

2026 NY Slip Op 30070(U)

Petitioner

1362 OCEAN LLC

Respondent

CANDY PHILLIP, ET AL.

Judge

Grant, Sulay, K.

Decision/Order Date

2026-01-19

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court granted the tenant's motion for summary judgment, dismissing the landlord's petition. The court awarded a 100% rent abatement for May-November 2024 due to rent-impairing violations under MDL § 302-a, specifically a leaky roof in common areas. The landlord's claim of denied access was rejected as the violations were in areas under its control. Additionally, the court found the landlord engaged in harassment, directed HPD to place a Class C violation, ordered the landlord to cease harassing conduct, and imposed a $5,000 civil penalty. The tenant's escrowed funds were released.

Keywords

Rent-Impairing Violations; MDL § 302-a; 100% Rent Abatement for Period Rent-Impairing Violations; Claim of No Access Fails Because Landlord had Control of Leaky Roof Which was Resulted in the Violations; Harassment Class C Violation & Penalty Imposed

Download

Takedown Policy

Share

COinS