Respondent Urbiztondo is owner of the subject property and began renting the property to
Petitioners in September 2024 for $2,150 per month. Respondent filed a non-payment proceeding
on September 12, 2025, seeking $6,450 in rent for July, August, and September 2025. Petitioners
testified they began withholding rent in July for habitability issues that were not being
addressed.
Petitioners brought this special proceeding alleging habitability issues and seeking corrective
action and repairs including but not limited to: holes in the ceiling and walls, electrical outlets
not covered; exposed wires, entry stairs in disrepair, refrigerator and freezer not working, and
heat exchange/air conditioning not working. There were open Division of Code Enforcement
violations based on these issues, as well as a lack of a Rental Registry Certificate for the
property. In addition to the corrective order regarding necessary repairs, Petitioners requested an
abatement of rent during such corrective action, an award of the difference between rent paid for
the reduced value of the rental property, and relief on the pending non-payment proceeding.
The Court held a hearing on November 5, 2025, and found that Respondent is a properly
named party to the action and Petitioners had proven their prima facie case regarding the
underlying conditions. The Court issued an Order to Correct, stayed the pending non-payment
proceedings, and reserved on abatement of the current rent and/or monetary award based on
actual rental value of the property. The matter was scheduled for a Compliance and Habitability
hearing which was rescheduled to December 16, 2025.
Real Property Law § 235-b Habitability and
Housing Code Violations
Real Property Law § 235-b implies a residential