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-316456-24/KI
Petitioner
KONG 328 REALTY CORP.
Respondent
HAROLD ROBINSON
Judge
Basu, Shantonu
Decision/Order Date
2026-02-08
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Handwritten Opinion. This non-payment proceeding involved a tenant's motion for summary judgment based on rent-impairing violations. The court granted the tenant's motion, finding a rent-impairing violation under MDL § 302-a and awarding a 100% rent abatement for arrears accruing after July 2024. The tenant had properly pleaded the defense and deposited the rent amount, satisfying MDL § 302-a(3)(c). Despite the landlord's self-serving affidavit, HPD violation reports showed the condition remained uncorrected for over six months, warranting the abatement. The tenant's request for attorney's fees was denied as they were not the prevailing party and lacked a lease clause.
Keywords
Rent Impairing Violations; MDL § 302-a; 100% Rent Abatement for Period of 6 Plus Months During Which Rent Impairing Violation was Not Corrected
Recommended Citation
"KONG 328 REALTY CORP. v. Robinson" (2026). All Decisions. 2136.
https://ir.lawnet.fordham.edu/housing_court_all/2136
