duration of her occupancy. Petitioners testified they complained about the sewage backing up in
the garage and downstairs laundry room, but the issue wasn't addressed until a year later and only
after they contacted the Division of Code Enforcement in July 2025. Petitioners also testified that
they were forced to directly contact and repair the heating and A/C system in August 2025. The
refrigerator was not replaced until December 4, 2025.
Petitioners have been withholding rent since July 2025. In the Order to Correct issued
November 7, 2025, this Court reserved on the abatement of the current rent. Petitioners have six
months of arrears through December 2025. Pursuant to section 27-147 of the Property
Conservation Code of the City of Syracuse, now that Respondent has a valid Rental Registry
Certificate on the property, he may receive the equitable value for occupancy of the
premises.
However, this Court finds that Respondent took no corrective measures to cure the
habitability issues, and issues were only addressed once Petitioners contacted the Division of
Code Enforcement and were cited with violations including the lack of a Rental Registry
Certificate. Respondent's testimony and affidavit did not justify the delay in correcting the
habitability issues but instead showed that proper repair and remediation were completed for
what this Court deems a meager sum (less than two months rental income). This Court finds that
Petitioners were forced to live with unfortunate and unsatisfactory conditions which were severe
and persisted throughout Petitioner's occupancy due to Respondent's inaction, and a reduction in
the rental value is proper, see Newkirk v
Scala, 90 AD3d 1257, 1258 [3d Dept 2011].