Landlord Sanctioned for Filing Repeated Requests to Discharge 7-A Administrator

May 25, 2021

LVT Number: #31427

The Civil Court appointed a 7-A administrator to manage landlord's building in 2011 based on landlord's failure to responsibly maintain the building. Landlord later asked the court to discharge the 7-A administrator. In 2018, the court denied landlord's request and granted the 7-A administrator's request for sanctions. Landlord had in fact filed 17 motions seeking discharge of the 7-A administrator, making the same argument each time. The court ruled against landlord and in favor of the 7-A administrator. The court awarded $10,000 in sanctions against landlord.

The Civil Court appointed a 7-A administrator to manage landlord's building in 2011 based on landlord's failure to responsibly maintain the building. Landlord later asked the court to discharge the 7-A administrator. In 2018, the court denied landlord's request and granted the 7-A administrator's request for sanctions. Landlord had in fact filed 17 motions seeking discharge of the 7-A administrator, making the same argument each time. The court ruled against landlord and in favor of the 7-A administrator. The court awarded $10,000 in sanctions against landlord. Landlord appealed and won in part. The appeals court reduced the sanctions to $2,500 since two landlords were involved and only one filed court papers. 

Morataya, Matter of: Index No. 2018-1447KC, 2021 NY Slip Op 50297(U)(App. T. 2 Dept.; 4/9/21; Aliotta, PJ, Elliot, Toussaint, JJ)

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