Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-317845-25/QU
Slip Opinion Number
2026 NY Slip Op 32099(U)
Petitioner
Briarwood Affordable, LLC
Respondent
Tiesha Flowers
Judge
Thermos, Kimon C.
Decision/Order Date
2026-06-03
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court dismissed the petition for failure to plead landlord's receipt of a Division of Alternative Management Programs (DAMP) and Article XI of the Private Housing Finance Law tax incentive administered by HPD, as required by RPAPL §741(4). The omission was prejudicial to tenant because the undisclosed regulatory agreement restricted the monthly rent landlord could legally charge and hampered tenant's ability to determine whether the legal regulated rent was correct. Amendment was not permitted upon a finding of prejudice.
Keywords
Nonpayment Dismissed Because Petition Failed to Plead Fact that Landlord Receives DAMP & Article XI of NYPHFL Tax Incentives through HPD as Required by RPAPL § 741(4); Omission was Prejudicial to Tenant Because the Undisclosed Regulatory Agreement Hampered Tenant's Ability to Determine if Legal Regulated Rent was Correct
Recommended Citation
"Briarwood Affordable, LLC v. Flowers" (2026). All Decisions. 2329.
https://ir.lawnet.fordham.edu/housing_court_all/2329
