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
58631/2015
Petitioner
Morrison Management LLC
Respondent
Rodriguez
Judge
Doherty, Marian C.
Decision/Order Date
2016-11-03
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Landlord sued tenant of record and his daughter for nonpayment of rent. Only the daughter appeared and consented to a money judgment and stay of execution of the warrant in exchange for payment of rent, and a lease in her name. The daughter filed five orders to show cause to stay ex and obtain a lease from the landlord. Daughter, now represented by counsel, moved the court to vacate the judgment and warrant and interpose a defense and counterclaim for rent overcharge. The court reviewed the DHCR rent history noticing that the vacancy prior to this tenancy caused the rent to jump from $745 to $1200. The landlord claimed this was an IAI. The court reasoned the respondent-daughter set forth a prima facie claim for rent overcharge, and granted the motion, vacating the judgment and warrant.
Recommended Citation
"Morrison Management LLC v Rodriguez" (2016). All Decisions. 830.
https://ir.lawnet.fordham.edu/housing_court_all/830
