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-328867-24/KI
Petitioner
EAST 93RD ST ASSOCIATES LP
Respondent
CARMINA O'GARRO, MARVIN O'GARRO, JOHN DOE, JANE DOE
Judge
Grant, Sulay K.
Decision/Order Date
2026-05-29
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court grants respondent's motion for summary judgment on the rent-impairing violation (RIV) defense, holding that proof of notice to the landlord—not proof that HPD actually mailed the notice of violation—is all that is required under MDL § 302-a. This represents a departure from recent housing court decisions that have interpreted the statute to require tenants to prove HPD actually mailed the notice.
Keywords
Multiple Dwelling Law § 302-a; Rent-Impairing Violation; Court Requires Proof That Landlord Was Put on Notice
Recommended Citation
"East 93rd St Associates LP v. O'Garro" (2026). All Decisions. 2290.
https://ir.lawnet.fordham.edu/housing_court_all/2290
