Respondents submitted pest control receipts and reports documenting roach and rodent extermination was performed in March 2024, on all four units in the building. There was considerable rodent infestation of the basement and petitioners' unit due to holes in the floor of their first-floor apartment. Testimony and the reports of the pest control company show that there were many holes in the exterior for vermin and pests to enter the building. A second follow-up roach treatment of petitioners' unit was recommended in March 2024, but the next documented roach extermination did not occur until June 13, 2025, 10 days after respondents [*3]were served with the 7-D petition.
Although the service address for HamDan Homes Co. LLC is respondent D'Antonio's personal address, he testified that he was not aware of the code violations issued on March 31, 2025, until the 7-D action was filed. Respondent D'Antonio testified the issues cited in the code violations existed when the property{**88 Misc 3d at 473} was purchased, and because the City had issued a certificate of compliance, he believed that was the City's "stamp of approval that the property was good as is." Respondent D'Antonio testified he did not consider the issues as safety concerns or habitability issues and told petitioners he was not going to fix them.
Holdover and Retaliation under Real Property Law § 223-b