proceeding on August 31, 2023, alleging that NAFEESHA INGRAM (hereinafter
"Respondent Ingram" or "Respondent") and SEAN JOHNSON [FN1]
(hereinafter "Respondent Johnson") (collectively "Respondents") owed $12,412.03 in
unpaid rent. (NYSCEF Doc. 1). Neither Respondent answered the proceeding within the
statutory timeframe, and the Court granted Petitioner a default possessory judgment
against both Respondents on June 11, 2024. (NYSCEF Doc. 13). Consequently,
Respondents were served with a marshal's notice with an earliest eviction date set for
September 6, 2024. (NYSCEF Doc. 14). Upon service of the marshal's notice,
Respondent Ingram filed an order to show cause to stay the eviction, and affirmed that
she only learned of the proceeding after receipt of the eviction notice and raised a
warranty of habitability claim alleging that her "bathroom has been out of order for
almost a year, the wall in [her] daughter's room is caving in, lots of mold, broken
windows, stove/oven doesn't work [and] holes in the wall." (NYSCEF Doc. 15). The
Court signed the order to show cause and made it returnable for September 17, 2024, to
afford Respondent Ingram an opportunity to go through the Court's intake process to
possibly retain counsel. Respondent Ingram did not appear on the return date and the
Court denied the motion on default. (NYSCEF Doc. 16). Respondents then received
another notice of eviction, which was again stayed when Respondent Ingram filed a
second order to show cause. The Court made the motion returnable on January 7, 2025,
(NYSCEF Doc. 18), however Respondent Ingram again failed to appear in court on that
date and the motion was denied based on her nonappearance. (NYSCEF. Doc. 19).
Respondents then received a third marshal's notice which resulted in their eviction from