Hunts Point Hous. Dev. Fund Corp. v. Padilla

• Decision Date: 26 May 2020
• Docket Number: L & T 056994/18
• Citation: 128 N.Y.S.3d 428 (Table),67 Misc.3d 1233 (A)
• Parties: HUNTS POINT HOUSING DEVELOPMENT FUND CORPORATION, Petitioner-Landlord, v. Magdalena PADILLA, Respondent-Tenant, and Edna Rosa, Christopher Rivera, Luis D. Santiago, "John Doe" and "Jane Doe", Respondents-Occupants.
• Court: New York Civil Court

67 Misc.3d 1233 (A)
128 N.Y.S.3d 428 (Table)

HUNTS POINT HOUSING DEVELOPMENT FUND CORPORATION, Petitioner-Landlord,
v.
Magdalena PADILLA, Respondent-Tenant,
and
Edna Rosa, Christopher Rivera, Luis D. Santiago, "John Doe" and "Jane Doe", Respondents-Occupants.

L & T 056994/18

Civil Court, City of New York, Bronx County.

Decided on May 26, 2020

For Petitioner: Jason D. Boroff & Associates PLLC, 349 East 149th Street, Ste 703, Bronx, NY 10451

For Respondent: Mobilization for Justice, By Caroline Roe, Esq., 100 William Street, Ste 6, New York, NY 10038

Bernadette G. Black, J.

BACKGROUND

Petitioner Hunts Point Housing Development Fund Corporation commenced this summary holdover proceeding at the direction of the Bronx District Attorney's Office, based upon alleged drug-related criminal activity, following the arrest of Respondent Luis Santiago at the subject premises, 1150 Garrison Avenue, Bronx, New York. Petitioner seeks possession of the rent-stabilized premises from tenant of record Magdalena Padilla, her daughter Edna Rosa, grandson Christopher Ramirez, Mr. Santiago, "John Doe", and "Jane Doe" upon the allegation that Respondents knowingly used or permitted the use of the premises for sale and distribution of illegal narcotics, specifically cocaine.

Respondent Magdalena Padilla receives Section 8 benefits through the Department of Housing and Urban Development ("HUD") Voucher Program, administered by the New York City Housing Authority ("NYCHA"). Petitioner asserts that based upon Respondents' objectionable conduct at the premises, the lease and Section 8 Housing Assistance Payment ("HAP") contract were terminated pursuant to paragraph 42 of the parties' lease and paragraphs 8(c)(1)(a), 8(c)(1)(b), 8(c)(1)(d), and 8(c)(3) of Part C of the HAP contract Tenancy Addendum. In addition, the proceeding was commenced pursuant Real Property Actions and Proceedings Law ("RPAPL") sections 711(5) and 715(1), and section 2524.3(d) of the Rent Stabilization Code ("RSC").

The petition was filed on October 26, 2018 and initially calendared in a Resolution Part on November 13, 2018. Ms. Padilla appeared first unrepresented, stipulated to the court's jurisdiction and sought an adjournment to retain counsel. On the return date, Respondent appeared with counsel and subsequently sought dismissal of the proceeding, based upon Petitioner's failure to state properly a cause of action. Following the denial of that motion, Respondent sought leave to interpose a late answer. The proposed answer contained a general denial, an objection in point of law and a warranty of habitability counterclaim. After striking the counterclaim, the Resolution Part granted the motion, deemed the answer served and filed and determined the matter trial ready. Respondent next filed and then withdrew a demand for a jury trial. Mr. Ramirez, Ms. Padilla's grandson, appeared for the first time on the second day of trial, in late December 2019. Ms. Padilla's attorneys then filed a Notice of Appearance to represent Mr. Ramirez as well. Mr. Ramirez' answer was deemed a general denial. Mr. Santiago and Ms. Rosa neither answered nor appeared. Following trial, for the reasons stated below, the petition is dismissed with prejudice.

FACT FINDING AND ANALYSIS

Petitioner's managing agent Jaime Diaz testified in support of its prima facie case, including submission into evidence of certified copies of the deed for the subject building, as proof of Petitioner's ownership, the multiple dwelling registration and the 2019 New York State Division of Housing and Community Renewal ("DHCR") Rent Registration Roll for the subject building. Petitioner also submitted Respondent's initial rent-stabilized lease, dated July 31, 2003; the most recent renewal lease and the Section 8 HAP contract, dated August 2017, listing Magdalena Padilla and Christopher Ramirez as the only members of the household; certified copies of the search warrant authorizing the police to search the subject premises for cocaine and related unlawful drug distribution and sale paraphernalia; the certified criminal court complaint against Mr. Santiago; the New York City Police Department ("NYPD") property vouchers for the evidence collected from the premises at the time of Mr. Santiago's arrest; the NYPD lab results indicating that the vouchered substance collected from the premises was in fact cocaine; a certified copy of the list of charges against Mr. Santiago; and his guilty pleas to misdemeanor possession of a controlled substance and felony possession of cocaine with intent to sell it.

Petitioner's witness, Detective Henry Adames, testified that he has been employed by NYPD for over thirteen...