Respondent HamDan Homes Co. LLC purchased the subject property on or about February 2024, and Justin D'Antonio is a member of, and property manager for, the LLC. Respondents filed a holdover proceeding on May 9, 2025, seeking to evict petitioners.
Petitioners brought this special proceeding alleging habitability issues and seeking corrective action and repairs including but not limited to: roach and mice infestation; mold in bathroom and around tub; unusable appliances due to infestation; electrical issues and loss of power; plumbing issues including water leaks and compromised ceilings and floors; and inoperable porch stairs and railing. The property also had several city code violations issued March 31, 2025, after petitioners contacted Code Enforcement. Petitioners sought a corrective order regarding necessary home repairs; an abatement of rent during such corrective action; a refund of rent paid for reduced value of rental property; and relief on the pending holdover proceeding.
The court held a hearing on June 13, 2025, and found that respondents are the properly named parties and petitioners had proved their prima facie case against respondents regarding the underlying conditions. The court issued an order to correct, abated the current rent to $0, and set the matter down for a compliance and habitability hearing on July 14, 2025.{**88 Misc 3d at 472}
Real Property Law § 235-b Habitability and
Housing Code Violations