LLC v. Oumar Banaro, Respondents. (2026)

The following e-filed documents, listed by NYSCEF document number 32-38 (motion no. 4) were read on this motion to restore the proceeding to the calendar.

Sometimes drastic measures are necessary to ensure that a tenant is afforded the fundamental necessities required for a safe and functioning home--such as a working refrigerator.

A typical settlement in a nonpayment summary eviction proceeding includes a provision for the landlord to "inspect and repair as legally required" conditions alleged by the tenant. The agreement will usually include dates on which the inspection and repairs will occur. In this judge's nearly twenty-four years as an attorney and judge in Housing Court, tenants frequently report that no repairperson ever came to their apartment to make repairs. Landlords typically respond by offering to schedule new dates, which tenants often report aren't adhered to either.

In this nonpayment proceeding involving a pro se tenant, the court was called on to allocute and approve a boilerplate settlement agreement. The agreement referred to various conditions and provided that Petitioner would "inspect and/or repair as required by law" on two days two weeks hence. One of the conditions listed was simply "fridge."

Respondent told the court that he had three minor children and that the refrigerator did not keep their food cold. He further alleged that this condition had existed for two years, that he had informed Petitioner repeatedly, and that no action had been taken.

Children cannot live in an apartment with a refrigerator that does not keep food cold, and the court had no confidence that the refrigerator would be repaired or replaced timely. As a result, the court rejected the agreement and instead issued an order staying the proceeding "until the repairs listed in the proposed stipulation are complete." The court also enjoined Petitioner from commencing a new proceeding and instead permitted Petitioner to restore the proceeding by motion that had to include an affidavit from someone with personal knowledge affirming that the repairs were completed.

Petitioner has now moved to restore the proceeding. The motion includes a document signed by Respondent acknowledging that the repairs were completed five days after the court's order, including replacement of the refrigerator.

Accordingly, it is ORDERED that the motion is granted in that the proceeding is restored to the calendar on June 29, 2026 at 9:30 AM in room 504; and it is further

ORDERED that Petitioner shall mail a copy of this decision/order and file an affidavit of service by May 29, 2026.

This is the court's decision and order.

Dated: May 22, 2026

Michael L. Weisberg, JHC

Michael L. Weisberg, J.