Case Type

Non-payment

Housing Type

SRO

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

77301/2018

Slip Opinion Number

2019 NY Slip Op 51454(U) [64 Misc 3d 1238(A)]

Petitioner

Triumph Baptist Church, Inc.

Respondent

Portia Anderson

Judge

Stoller, Jack

Decision/Order Date

2019-09-12

Posture

Post-trial Decision

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

The tenant alleged rent overcharge and breach of the warrant of habitability. After conducting trial on the tenant's counterclaims and receiving additional post-trial submissions, the court found that the landlord had overcharged the tenant by requiring her to pay $600 per month for a room which had been rent regulated at $100 per month. Additionally, the court found that the property owner breached the warranty of habitability by failing to fix the front door lock, leaking ceiling, and inadequate water service and ordered the landlord to pay a combined rent abatement and overcharge penalty of $23,158.

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