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2026 NY Slip Op 50246

Citation
2026 NY Slip Op 50246
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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window in the hallway is screwed shut, and there is only one entrance to the apartment. Petitioner
also provided notice of numerous open code violations that had been cited in November of 2024,
which continue to remain open.

The Court held a hearing on December 16, 2025, and found that Respondents are properly
[*2]named parties to the action and Petitioner had proven his
prima facie case regarding the underlying conditions. The Court issued an Order to Correct for
habitability concerns and for open code violations. The matter was scheduled for a Compliance
and Habitability hearing on January 28, 2026.

On January 28, 2026, Petitioner testified that minimal repairs had been made, namely that the
mold on the ceilings had not been remediated properly but painted over and the gap around the
pipe in the bathroom had also been spackled and painted. Petitioner testified that nothing had
been done about the slanting floors, the opening above the stairs to the crawlspace, the cracked
ceiling in the bathroom, or the hallway window that is screwed shut.

Respondents testified that all repairs had been made as per the Order to Correct, despite
Rocci DeCaro's Affirmation to the Court stating that code violations have not been corrected;
Respondent allegedly advised Code Enforcement of Petitioner's "aggressive" behavior and shared
a Ring security video of Petitioner displaying "what appears" to be a firearm as the justification
for noncompliance.

Respondents testified that the unsecured door that Petitioner complained about had been
fixed but was now broken again due to Petitioner's actions. Respondents testified the metal
catch-plate on the door was taken off and straightened out so that it could not be opened without