Case Type

Non-payment

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-312254-25/NY

Petitioner

Vivid Realty LLC

Respondent

Fatima Jones, John Doe, Jane Doe

Judge

Blinova, Yekaterina

Decision/Order Date

2026-06-22

Posture

Post-Answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding involving a HUD-assisted unit, tenant moved pursuant to CPLR §408 for discovery of her tenant file and for an order to correct HPV violations at the premises. On discovery, the court held that tenant established ample need, citing the HUD Handbook Chapter 5 requirement that tenant files be available for tenant review; the court noted this right is not limited by CPLR §408's ample need standard, which is more readily established when a tenant must resort to a court motion to access her own file. All requested documents pertained directly to the central issue of rent due. On the order to correct, the court rejected landlord's access defense, holding that failure to provide access is not a defense to an order to correct. The motion was granted in full and the case adjourned for all purposes to October 5, 2026.

Keywords

Failure to Provide Access not a Defense to an Order to Correct; Discovery to see Tenant File Granted

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