Acorn Hous. 1 Assoc., L.P. v Davis
Annotate this CaseDecided on December 18, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and WESTON, JJ
2008-1718 K C.
Acorn Housing 1 Assoc., L.P., Respondent,
against
Regina Davis, Tenant, -and- HERLECIA OWENS, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (George
Michael Heymann, J.), dated September 10, 2008. The order denied a motion by appellant
Herlecia Owens to be restored to possession.
ORDERED that the order is affirmed with $10 costs.
Following the execution of a warrant in this nonpayment proceeding, appellant Herlecia Owens moved to be restored to possession of the subject rent-stabilized apartment, which is intended to be rented for occupancy by low-income individuals. In view of the Civil Court's findings on the motion, including its finding that appellant, who is not the tenant of record of the subject rent-stabilized apartment, was illegally subletting the apartment to others for more than twice the stabilized rent, we see no basis to disturb the Civil Court's exercise of discretion not to restore appellant to possession. Accordingly, the Civil Court's order is affirmed.
Golia, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 18, 2009
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.