Crotona Park Hous., L.P v Joseph (2014 NY Slip Op 51425(U))
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Crotona Park Hous., L.P. v Joseph
2014 NY Slip Op 51425(U) [45 Misc 3d 1202(A)]
Decided on August 15, 2014
Civil Court Of The City Of New York, Bronx County
Vargas, J.
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on August 15, 2014
Civil Court of the City of New York, Bronx County
Crotona Park
Housing, L.P., Petitioner-Landlord,
against
Yanick Joseph,
Respondent-Tenant.
L & T 069605/2013
Rappaport, Hertz, Cherson & Rosenthal, P.C.
118-35 Queens Boulevard
Forest Hills, New York 11375
Adam Shoop, Esq.
The Bronx Defenders
360 East 161st Street
Bronx, New York 10451
Javier E. Vargas, J.
Upon the foregoing papers and for the following reasons, the motion by Respondent
Yanick Joseph ("Tenant"), for, inter alia, an order dismissing the instant chronic rent
delinquency holdover proceeding, is granted, and the proceeding is hereby dismissed.
Petitioner Crotona Park Housing, L.P.'s ("Landlord") motion to amend its Notice of
Default, is denied.
Pursuant to a Lease Agreement dated January 2, 2007, Tenant has resided in the
subject apartment Premises, known as 1679 Southern Boulevard, Apt. 6-B, in the Bronx,
New York, while paying the monthly rent with the assistance of a Housing Stability Plus
("HSP") subsidy from the New York State Department of Homeless Services. The HSP
program paid for the whole monthly stabilized rent of $765 for the first two years of the
Lease Agreement. However, sometime in 2011, Tenant was notified that the HSP
program was ending in April due to several State budget cuts. Since then, Tenant has