Case Type
HP
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-317139-25/KI
Slip Opinion Number
2026 NY Slip Op 50481(U)
Petitioner
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
Respondent
724 40TH ST LLC; MARIAM OKUNIEWSKI
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2026-03-08
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
Court granted petitioner-landlord's motion to dismiss HP proceeding seeking emergency access to perform lead paint repairs, finding it illogical to issue an HPD access order where the apartment was vacant and the landlord credibly testified it would perform repairs independently. Court found that the HPD bidding process would likely be more costly and time-consuming than repairs performed directly by the landlord.
Keywords
HP Action; Lead Paint; Emergency Access; Vacant Unit; Landlord Undertakes Repairs; HPD Bidding Process; Petition Dismissed; Respondent-Landlord's Motion Granted
Recommended Citation
"Dept. of Hous. Preserv. & Dev. v. 724 40th St LLC" (2026). All Decisions. 2268.
https://ir.lawnet.fordham.edu/housing_court_all/2268
