not proved otherwise. These are summary proceedings, which deliberately allow pro se tenants to preserve legal rights without the overly technical and/or elusive filing requirements, and tenants did in fact comply with proper service. This Court will not allow Mayfair to further hinder tenants' access to justice with a frivolous attempt to dodge liability and/or frustrate justice.
Mayfair's motion also attempts to decide for the Court whether tenants who vacated their apartments have standing to maintain their actions. RPAPL requires that tenants who bring 7D actions must have resided in the premises for at least 30 days. Each of the Petitioners have met this criterion and Petitioners who elected to move during the pendency of the proceedings do not relinquish their right to be compensated for damages, including abatement of rent based on actual rental value of the premises.
The remainder of Mayfair's motion points are without merit and Counsel's motion for dismissal is once again denied.
Findings of Fact
Real Property Law § 235-b Habitability and Housing Code Violations
Real Property Law § 235-b implies a residential warranty of habitability, in that tenants shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. Landlords have a legal obligation to provide tenants with a safe and habitable living space, ensuring the property is structurally sound, has functioning plumbing and electricity, and is free from health hazards like mold or vermin. This obligation is a fundamental part of New York State Landlord Tenant Law and applies even if it is not explicitly written in a lease.