Case Type

HP

Housing Type

Rent Stabilized

Court

Appellate Term, Second Department

County

Kings County (Brooklyn)

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

LT-002967-19/KI

Petitioner

Theodore Herring

Respondent

Diplomat Property Manager, LLC, Eric Moore, RJ Santiago, Rem Empire Group, LLC, Ruslan Khlevner, Geo Real Estate Group, Eugene Burshtein, New York City Department of Housing Preservation and Development

Judge

Toussaint, Wavny; Mundy, Marina Cora; Quiñones, Joanne D.; Weisberg, Michael L. (Hous Ct, lower court)

Decision/Order Date

2026-10-02

Posture

Post-Judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

App Term 2d affirms Housing Court (Weisberg, J.) ordering an evidentiary hearing on tenant-petitioner's motion for contempt and civil penalties to enforce a so-ordered stipulation requiring landlord to temporarily relocate the rent-stabilized tenant while correcting illegal SRO violations. No appeal as of right from an order scheduling a hearing on contempt since it does not decide the motion or affect a substantial right. Stipulation regarding apartment size, location, and dimensions is unambiguous; landlord must continue paying electricity at the relocation apartment per the stipulation.

Keywords

HP Proceeding; Rent-Stabilized Tenant's Motion for Contempt & Civil Penalties to Enforce Temporary Relocation Agreement; Tenant Relocated While Landlord Corrects Illegal SRO Violations That Resulted in Full Vacate Order; No Appeal as of Right from Hearing Ordered on Tenant's Motion for Contempt & Civil Penalties; Terms of Stipulation Between Parties Specifying Size, Location and Dimensions of Renovated/Reconstructed Apartment Held Unambiguous; Landlord Must Continue to Pay for Electricity At Relocation Apartment Per Terms of Stipulation

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