Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-326094-25/BX

Petitioner

Webster Senior Building C LLC

Respondent

Sophia Davis; "John" "Doe"; "Jane" "Doe"

Judge

Shahid, Omer

Decision/Order Date

2026-08-28

Posture

Post-Judgment Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Post-eviction court grants tenant's OSC under RPAPL § 749(3) and restores tenant to possession forthwith. HRA one-shot-deal checks for rent arrears were mailed to wrong address after management companies changed. Court finds it inappropriate to keep tenant out of possession given HRA approval, tenant's age, longevity of rent stabilized tenancy, and the bureaucratic error. Warrant re-execution stayed pending HRA reissuance of checks.

Keywords

Post-Eviction; Out of Possession Tenant Restored to Possession Forthwith; Bureaucratic Error with HRA Rent Arrears Payment; RPAPL § 749(3) & 591 Realty, LLC v Jenkins; Stay of Re-execution of Warrant to Pay Remaining Rent Arrears and Legal Fees

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