Wheeler v D'Antonio (2025 NY Slip Op 25196)
Wheeler v D'Antonio
2025 NY Slip Op 25196 [88 Misc 3d 470]
August 22, 2025
Tadros, J.
City Court of Syracuse
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 25, 2026
[*1]
Margaret Wheeler et al., Petitioners,
v
Justin D'Antonio et al., Respondents.
City Court of Syracuse, August 22, 2025
HEADNOTES
Landlord and Tenant
- Warranty of Habitability
- Tenant Dignity and Safe Housing Act
Landlord and Tenant
- Eviction
- Retaliatory Eviction
- Tenant Dignity and Safe Housing Act
APPEARANCES OF COUNSEL
Margaret Wheeler, petitioner pro se.
Dawn Kowalik, petitioner pro se.
Galli Law, PLLC, Syracuse (Anthony C. Galli of counsel), for respondents.
{**88 Misc 3d at 471} OPINION OF THE COURT
Shadia Tadros, J.
Petitioners filed a notice of petition and petition on May 29, 2025, pursuant to Real Property Actions and Proceedings Law article 7-D. RPAPL article 7-D codified as sections 797-797-j, known as the "Tenant Dignity and Safe Housing Act," provides a simplified summary proceeding for tenants outside of New York City to bring actions against landlords for habitability and state and local housing code violations.[*2]
Findings of Fact
Petitioners Dawn Kowalik and Margaret Wheeler had been tenants of 201 John Street apartment B since October 2023, their unit consisting of a two-bedroom unit in a four-unit structure. Petitioners commenced this 7-D proceeding against HamDan Homes Co. LLC and Justin D'Antonio (respondents), on May 29, 2025, and subsequently served respondents with the petition on June 3 and 4, 2025.