NumberedNotice of Motion and Affidavits Annexed 1-3Affidavits/Affirmation in Opposition 16, 17Reply Affidavits/Affirmation 15Exhibits 4-14, 16-22, 18BriefsAffidavit/Affirmation/Acknowledgment of ServiceSur-Reply Affidavits/AffirmationDECISION/ORDER
*1 50 Manhattan Avenue LLC (hereinafter “the Petitioner”) seeks recovery of the premises at 50 Manhattan Ave., Apt. 6F, New York, New York (hereinafter “the Premises”) for non-payment of rent from the tenant Valerie Powell (hereinafter “the Respondent”). Respondent moves for partial summary judgment alleging that the assignment of rent to Petitioner from the previous landlord did not authorize Petitioner to collect rent prior to obtaining ownership. Respondent also moves for partial summary judgment seeking the prohibition of rent payments because rent-impairing conditions existed under MDL Section 302-a. Respondent seeks legal fees as well. It is undisputed that Respondent is the statutory tenant having succeeded to the tenancy of John Powell for the rent controlled premises with a monthly rent of $408.48. The court first considers whether the Petitioner may collect rent prior to obtaining title to the Premises. Petitioner’s attorney on November 28, 2016 provided to Respondent’s attorney an instrument titled in all caps “ASSIGNMENT OF RENT AND LEASES.” This assignment states: “This Assignment includes all of Assignor’s rights, title and interest in and to the Leases including the right to receive all payment of rent, additional rent and other charges, if any due under said Leases accruing on or after the date of this Assignment.” [Emphasis added.] The assignment is dated July 6, 2016. In opposition, Petitioner, by affidavit of a managing member of Petitioner’s
