Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-312458-25/KI
Slip Opinion Number
2026 NY Slip Op 32098(U)
Petitioner
Wira Associates
Respondent
Desmond Tapper; Linda Tapper
Judge
Poley, Julie
Decision/Order Date
2026-06-10
Posture
Post-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court granted tenant's motion for summary judgment on the affirmative defense that landlord was barred from collecting rent pursuant to MDL §§301 and 302. Tenant established, without opposition, that the Department of Buildings had issued at least twelve open violations for occupancy contrary to the building's certificate of occupancy. Pursuant to Chazon, LLC v Maugeneset, 19 NY3d 410 (2012), such violations are prima facie evidence of noncompliance, and the absence of compliance precludes landlord from maintaining a nonpayment proceeding.
Keywords
No Certificate of Occupancy; Summary Judgment Granted Dismissing Petition; DOB Violations are Prima Facie Evidence that Certificate of Occupancy Violations Exist
Recommended Citation
"Wira Assoc. v. Tapper" (2026). All Decisions. 2327.
https://ir.lawnet.fordham.edu/housing_court_all/2327
