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-328646-24/KI
Slip Opinion Number
2026 NY Slip Op 51426(U)
Petitioner
Mackay Properties LLC
Respondent
Michael Hernandez; "John" "Doe"; "Jane" "Doe"
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2026-08-24
Posture
Post-Judgment Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Court grants tenant's pro se OSC for stay of execution of warrant of eviction based on HRA one-shot-deal approval covering substantial arrears. Court orders entire proceeding stayed until landlord corrects HPD violations including Class C immediately hazardous violations, citing Park West Management Corp v Mitchell warranty of habitability mandate. Landlord further enjoined from starting a new nonpayment proceeding during the stay.
Keywords
Post-Judgment; Case Stayed Until Landlord Corrects Violations; Order to Correct Housing Code Violations; Warranty of Habitability; Landlord Enjoined from Starting Another Nonpayment During Stay
Recommended Citation
"Mackay Props. LLC v. Hernandez" (2026). All Decisions. 2422.
https://ir.lawnet.fordham.edu/housing_court_all/2422
