Case Type
Other
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
SC-003375-24/KI
Slip Opinion Number
2026 NY Slip Op 50771(U)
Petitioner
KEVIN YJ XIE
Respondent
25 FAYETTE LLC
Judge
Berman, Tehilah H.
Decision/Order Date
2026-04-27
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In a small claims action, the Civil Court awarded the tenant $10,000 for flooding and mold caused by nearby Con Ed construction. The tenant established through testimony, photographs, and an HPD violation that the conditions existed. The court held that a landlord's nondelegable duty to maintain habitable premises extends to conditions caused by third parties. The award represents a partial rent abatement and compensation for damage to the tenant's furniture and belongings.
Keywords
Small Claims Court; Rent Abatement; Compensation For Damage To Personal Property Awarded; Landlord's Duty To Maintain Habitable Conditions Is Nondelegable And Applies To Conditions Caused By Third Parties; Flooding; Mold
Recommended Citation
"Xie v. 25 Fayette LLC" (2026). All Decisions. 2228.
https://ir.lawnet.fordham.edu/housing_court_all/2228
