Court Strikes Many of Tenant's Procedural Defenses in Eviction Case

Landlord sued to evict rent-stabilized tenant for breaching her lease by illegally subletting the apartment and/or renting it to short-term guests through Airbnb, after serving a seven-day termination notice. Following tenant's answer, landlord asked the court to dismiss many of tenant's defenses and counterclaims, and to rule in landlord's favor without trial.

The court ruled for landlord in part. The court dismissed tenant's defense that landlord's court petition was improperly served since there was an affidavit of service from a process server that described nail-and-mail service of the petition. The court also dismissed tenant's defense that the termination notice wasn't properly served because it was sent by certified and regular mail in accordance with tenant's lease. The court refused to dismiss tenant's defense that the "petition fails to state necessary facts" because this was basically a defense of failure to state a cause of action. The court also dismissed tenant's counterclaim for retaliatory eviction since that defense applied only to complaints made within one year before the retaliatory conduct.

The court refused to dismiss tenant's counterclaim for breach of the warranty of habitability since landlord sought payment of use and occupancy while the case was pending and because, by law, the court was permitted to enforce housing standards under Civil Court Act Section 110(c). The court denied landlord's request to decide the case without trial since many of its submitted documents were certified by government agencies and there was insufficient proof submitted to preclude questions of fact concerning alleged sublets and profiteering.

22-22 Jackson Ave. Owner LLC v. Fang: Index No. L&T 1321636/23, 2025 NY Slip Op 50362(U)(Civ. Ct. Queens; 3/20/25; Guthrie, J)