LLC v. Michael Hernandez, "John" "Doe"; "Jane" "Doe", Respondent(s) (2026)

NYSCEF Doc No. 35-37

On July 1, 2026, the instant Order to Show Cause was adjourned to August 18, 2026 after both sides conferenced the matter. On August 18, 2026, Respondent asserted that he was withholding rent because of conditions in the subject premises which were not corrected and he requested a rent abatement. Respondent further stated that an HP proceeding was filed to address the conditions in the subject premises under Index No. LT-1280-26/KI. This Court takes judicial notice of the Order to Correct issued on July 28, 2026 pursuant to NYC Admin. Code § 27-2110 and § 27-2115. The Order to Correct included access dates through August 14, 2026.¹

Petitioner's opposition papers object to Respondent's request for additional time. The opposition papers do not address the Order to Correct and instead argues that Respondent is in default for failure to bring to court April, May, and June 2026 payments as per the notes on the Order to Show Cause signed on June 12, 2026.

Upon review of all the documents submitted and arguments, Respondent demonstrates good cause and the instant Order to Show Cause is granted.

Foremost, the rent ledger provided on August 18, 2026 confirms that as of July 1, 2026 payments in the amount of $28,727.04 were posted to the account. Those payments satisfied rents through May 2026. Through the month of August 2026, there is an open balance of $4,854.32. The note directing Respondent to bring rent for April, May and June is resolved.

Regarding the conditions in the subject premises, the court takes judicial notice of the violation summary report available on the Department of Housing Preservation and Development ("HPD") website, and admissible pursuant to CPLR Rule 4518(c) and MDL § 328(3). As of August 18, 2026, the report shows thirty-four violations of the housing code, including a Class C violation, which is deemed rent impairing, for evidence of rats, and a Class B violation for an infestation of bedbugs. The August 18, 2026 violation summary report is affixed hereto and made a part of this Order.

Given the conditions described, and the mandate pursuant to the residential warranty of habitability well noted in Park West Management Corp v. Mitchell, 47 NY2d 316 (1979),

this proceeding is stayed until the housing code violations are corrected consistent with the Order to Correct. See, Nosrat LLC v. Banaro, 2026 NY Slip Op 50782(U), 89 Misc 3d 1202(A)[Civ Ct, Kings Co 2026], 43-09 47th Ave. LLC v. Santiago, 83 Misc 3d 755 [Civ Ct, Queens Co 2024) (a full deposit of all rent due is not required to invoke a stay). Here substantial rent payments have been delivered, yet conditions in the subject premises remain uncorrected including Class C violations, after an Order to Correct was issued and access dates identified.

Petitioner is also enjoined from commencing a new nonpayment proceeding, while this proceeding is stayed. Petitioner may restore this proceeding to the calendar by order to show cause supported by an affidavit from a person with personal knowledge demonstrating that the housing code violations have been corrected, or HPD proof that the violations are removed.

Accordingly, it is Ordered that Respondent's Order to Show Cause, motion seq. no. 7, is granted and this proceeding is stayed until further order of the court.

This decision/order will be filed to NYSCEF and emailed to Respondent at the email address provided to the court.

This is the decision/order of the court.

Date: August 24, 2026

FOOTNOTES

1.   The court notes that Respondent's answer stated a claim for conditions in the apartment and/or building in need of repair. The March 4, 2026 Decision/Order referenced conditions is need of repair and directed Petitioner to make repairs as required by law.

Enedina Pilar Sanchez, J.