170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

Full Text

1,912 chars

This is a nonpayment proceeding commenced in February 2024, seeking rental arrears of $15,692.53 from March 2023 through February 2024. Communities Resist ("CoRe") appeared for both respondents. Respondents filed an attorney answer on March 4, 2024, asserting a general denial, an objection in law that the rent demand had not been served in good faith, a breach of warranty of habitability defense and counterclaim, and a retaliation defense. (NYSCEF Doc No. 6.) Respondents filed a motion in July 2024 seeking leave to amend the answer; the proposed amended answer asserted a general denial, admitting the premises are rent-stabilized and that respondents are tenants and in possession of the premises, and included a defense of rent impairing violations pursuant to Multiple Dwelling Law ("MDL") § 302-a. The amended answer did not preserve any of the previously raised defenses and counterclaims contained in the original attorney answer. (NYSCEF Doc No. 10, proposed amended answer.) Rather, it interposed a new defense that rent impairing violations entitled respondent to a 100% rent abatement pursuant to MDL 302-a for any rent accruing six months after the issuance by the Department of Housing Preservation and Development ("DHPD") of a Notice of Violation ("NOV") if the violation is not certified as corrected by DHPD. The court granted the motion to amend respondents' answer on September 5, 2024. (NYSCEF Doc No. 15.) On September 9, 2024, an order to correct was issued in the resolution part, to correct four delineated DHPD violations. (NYSCEF Doc No. 17.) In the order, the court also denied respondent's request for further substantive motion practice. (Id.) The proceeding was thereafter transferred to the trial part. A pre-trial conference was held, and the parties were advised by order that there is to be no further motion practice in the trial part. The trial began on December 5, 2024.

Other Sections in This Document (49)

Full Text