Sanjurjo v Milio, 2021 NY Slip Op 50208(U) [70 Misc 3d 1224(A)]

(3) a showing of significant or important questions not previously passed on, i.e., substantial and
novel issues." (see Coleman ex rel. Coleman v Daines, 19 NY3d 1087, 1090, 955 NYS2d
831 [2012]). Furthermore, the original petition did not plead the unlawful eviction cause of
action.

Footnote 15:Amended petition at 25.

Footnote 16:The court notes that these
relevant statutes have been amended many times, with new amendments set to become effective
September 14, 2021. These new amendments do not add the landlord as an entity/person
responsible for relocation.

Footnote 17:Petitioner also points to
Allen v 219 24th Street LLC in support of its position that relocation costs are available
in this HP proceeding. Allen simply cites to Gonzales and Revilla and
contains no further analysis of the relevant administrative code. Furthermore, the landlord in
Allen "deferred maintenance at the subject premises in order to clear the subject premises
to the extent that Petitioners lost their homes." (67 Misc 3d 1212[A] [Civ Ct, New York County
2020]).

Footnote 18:In fact, the "Fire Incident
Report" attached to respondent's cross-motion indicates the fire originated from an "extension
cord" in the apartment.

Footnote 19:(see also Prometheus
Realty Corp., 80 AD3d at 212 [Civil Court Act 110[a][4] authorizes the Housing Part to
issue equitable relief]).

Footnote 20:The court notes that DHPD
did not respond to the motions discussed herein and did not appear at the last conference/oral
argument.