Nagler v. Rosen

Nagler v. Rosen - In this holdover proceeding, petitioner seeks to recover possession of the subject rent stabilized apartment for the personal use and occupancy of her son as his primary residence. A trial was conducted; petitioner appearing by counsel and respondent pro se. At trial, resp.....

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Nagler v. Rosen – In this holdover proceeding, petitioner seeks to recover possession of the subject rent stabilized apartment for the personal use and occupancy of her son as his primary residence. A trial was conducted; petitioner appearing by counsel and respondent pro se. At trial, respondent alleged two bases to defeat the proceeding: (1) In violation of Real Property Law (RPL) ?§223-b, petitioner commenced this holdover proceeding in retaliation for tenant’s good faith complaints to government agencies; (2) Petitioner failed to prove she seeks in good faith to remove respondent so her son can occupy the apartment. The retaliatory eviction claim is addressed first.

Based upon all the credible documentary and testimonial evidence adduced at trial, and after due deliberation and consideration, the Court finds respondent has failed to establish his retaliatory eviction defense. RPL ?§223-b(5) provides a rebuttable presumption that a landlord is acting in retaliation shall be created if the tenant establishes the landlord instituted a proceeding to recover possession within six months after a good faith complaint was made by the tenant to a governmental authority of the landlord’s violation of any law or regulation involving the regulation of premises used for dwelling purposes.

Nagler v. Rosen

Nagler v. Rosen - In this holdover proceeding, petitioner seeks to recover possession of the subject rent stabilized apartment for the personal use and occupancy of her son as his primary residence. A trial was conducted; petitioner appearing by counsel and respondent pro se. At trial, resp.....

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