Case Type

HP Action

Housing Type

Interim Multiple Dwelling

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-003157-25/KI

Petitioner

Pamela Brown

Respondent

Eighteen Properties LLC, et al.

Judge

Schiff, Logan J.

Decision/Order Date

2026-08-04

Posture

Pre-Answer Motion by Tenant

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

Court denied owner's motion to dismiss HP action brought by tenant in an interim multiple dwelling (IMD) subject to the Loft Law, rejecting arguments based on res judicata and collateral estoppel (prior Article 78 was dismissed on procedural, not substantive, grounds), primary jurisdiction of the Loft Board, and the inapplicability of the Housing Maintenance Code to IMDs. Court held Multiple Dwelling Law § 282-a(2) contemplates concurrent Housing Court jurisdiction over housing maintenance enforcement in IMDs.

Keywords

Loft Law -- Res Judicata -- Interim Multiple Dwelling ("IMD") -- Housing Court Has Concurrent Jurisdiction Over Housing Maintenance Enforcement Proceedings Involving IMDs – Housing Maintenance Code ("HMC") is Applicable in IMDs

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