Case Type
Non-payment
Housing Type
HDFC
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-317355-24/NY
Petitioner
RESIDENTS ASSOC. 186 E. 104 ST. HDFC
Respondent
PEDRO ESCORBORG; JOHN DOE; JANE DOE
Judge
Meyers, Adam R.
Decision/Order Date
2026-04-08
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Court granted partial summary judgment on respondent's Tenant Safe Harbor Act (TSHA) defense, holding that respondent's financial hardship declaration filed in 2025 created a rebuttable presumption of financial hardship during the TSHA covered period (March 7, 2020 to January 15, 2022), with no apparent statutory time limit barring belated filing. In the absence of any landlord objection or rebuttal, the court held that any judgment for rent arrears accrued during the covered period shall be non-possessory only.
Keywords
Tenant Safe Harbor Act; TSHA; COVID-19; Financial Hardship Declaration; Rebuttable Presumption; Non-possessory Judgment; Covered Period March 7 2020 To January 15 2022; No Time Limit On Filing Hardship Declaration
Recommended Citation
"Residents Assoc. 186 E. 104 St. HDFC v. Escorborg" (2026). All Decisions. 2278.
https://ir.lawnet.fordham.edu/housing_court_all/2278
