After denying their landlord access to their rent-stabilized apartment (for extermination and inspection purposes), a holdover proceeding ensued and the Earleys eventually agreed to a stipulation of settlement which awarded the landlord a possessory judgment to their unit.
Under the agreement's terms, their eviction would be stayed for a two-year period provided that the Earleys never filed a complaint regarding "housing repairs and/or conditions" with "any agency or forum" including the New York City Department of Housing Preservation and Development and the New York State Division of Housing and Community Renewal .
Less than two weeks before that agreement expired, the landlord -- One Convent Avenue Realty -- moved to evict the Earleys because the tenants had filed a complaint with the Davidson Senior Center alleging they had not received a renewal lease from their building's owner.
In One Convent Ave. Realty Corp. v. Earley , the New York County Civil Court granted the landlord's motion and allowed the tenants' eviction to proceed. On appeal, the Appellate Term, First Department, reversed.
According to the AT1, because the Earleys' complaint did not relate to housing repairs or conditions, their conduct did not violate the stipulation's terms.
Luckily for the Earleys, the AT1's decision arrived Not A Moment Too Soon .
To download a copy of the Appellate Term's decision, please use this link: One Convent Ave. Realty Corp. v Earley