Case Type

Illegal Lockout

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-003037-25/KI

Petitioner

Muhammad Javaid; Marhaba Javaid

Respondent

1129 59 Lofts LLC; Yehoshua Katzi; Reizel Grunwald

Judge

Golden, Tashanna B.

Decision/Order Date

2026-07-31

Posture

Post-Judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenants displaced from their rent-stabilized apartment by fire were restored to possession after more than two years. Despite renting another apartment during displacement, the court found no surrender because no surrender agreement or payment ever materialized. The court held that failure to file a rent reduction order when the unit became uninhabitable does not constitute abandonment of the tenancy. The court declined to weigh the equities in favor of third-party tenants currently in the apartment, one of whom never appeared and the other failed to present testimony justifying why they should not vacate.

Keywords

Illegal Lockout; Tenant Restored To Possession; Surrender; Abandonment; Failure To Rent A New Apartment Reasonable Under The Circumstances; No Surrender Where No Surrender Agreement Or Payment Ever Materialized; Failure To File Rent Reduction Order Does Not Constitute Abandonment; Weighing Equities Of Third Party Tenant In Possession

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