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2026 NY Slip Op 50119

Citation
2026 NY Slip Op 50119
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,775 chars
submitted by Respondent, together with the photo evidence provided, clearly indicate habitability
concerns existed when Petitioners rented the property and continued when the 7D action was
filed. There was no Rental Registry on the property until the temporary certificate issued on
September 8, 2025, became an actual three-year certificate after the Court appearance on
December 16, 2025.

Respondent argued that there were no repairs made regarding the habitability issues because
Petitioners did not allow access to the property to make such repairs. Respondent provided
undated and partial text conversations between the current property manager, Jessica Soble
Cleaner, and Petitioners. In these messages, Ms. Cleaner tells them they are not home or do not
answer the door for scheduled repairs, and Petitioners respond that this is untrue, and they are
always home, and/or asking to be notified in advance. Although the texts appear to be
"cherry-picked" conversations between the two parties, it is evident that there were conversations
and a willingness by Petitioners to provide access to the property for repairs. Petitioners had been
working with the prior property manager, Mr. Wendt, and had provided access to the property in
July 2025, to address the sewage issue and in August 2025, to address the heating and A/C issue.
Further, the stairs are located outside and do not need Petitioners to provide access, yet they
remained in a dangerous state for over a year. Respondent's claim that repairs were not made due
to Petitioners' unwillingness to grant access is without merit.

Petitioners testified they had been complaining about the stairs since they moved in.
Petitioner Houtman testified she has bad knees, and the stairs have been inaccessible for the