New York City Hous. Auth. — Seth Low Houses v. Ingram
2025 NY Slip Op 51059(U)
| Civ. Ct. NYC, Kings Cty. | 2025Background
- NYCHA (Seth Low Houses) commenced a nonpayment proceeding in August 2023 against Respondent Ingram, alleging over $12,400 in unpaid rent.
- Ingram did not answer, resulting in a default possessory judgment and eventual eviction of her and her family in March 2025, including occupants not named in the petition.
- Ingram sought post-eviction relief and, after negotiations, was restored to possession conditional on paying owed rent and fees; she later alleged serious habitability defects and hardship due to NYCHA's handling of her property.
- The Court ordered NYCHA to restore Ingram's possession and return all personal property by May 7, 2025; Ingram alleged certain property (mattresses, beds) was not returned.
- Ingram moved for civil contempt against NYCHA for failing to fully comply with the Court’s May order; NYCHA argued procedural defects, including lack of notice of claim and failure to join necessary parties.
- The Civil Court found NYCHA in contempt for not returning required property, imposed prospective fines, and set a later hearing to determine damages and attorneys’ fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for failure to return property | NYCHA failed to return all property as ordered, violating clear order | No contempt; procedural errors; property issues not theirs | NYCHA is in civil contempt for failing to return property |
| Notice of claim requirement | None required for post-judgment contempt | Notice of claim required by Public Housing Law | Notice of claim is not required for contempt |
| Judiciary Law §756 notice timing | Court may set shorter timeline; NYCHA not prejudiced | Motion served less than 10 days before hearing improper | Court has authority to set early return date for motion |
| Necessary parties (marshal, mover) | NYCHA alone responsible for property return | Marshal and moving company must be joined | No joinder needed; NYCHA responsible for its agents |
Key Cases Cited
- El-Dehdan v. El-Dehdan, 26 NY3d 19 (N.Y. 2015) (sets elements for civil contempt in New York courts)
- Bd. of Dirs. of Windsor Owners Corp. v. Platt, 148 AD3d 645 (N.Y. App. Div. 1st Dep’t) (clarifies standard and burden for contempt)
- Kuehne & Nagel, Inc. v. Baiden, 36 NY2d 539 (N.Y. 1975) (undisputed factual assertions on motion deemed admitted)
- Ruesch v. Ruesch, 106 AD3d 976 (N.Y. App. Div. 2d Dep’t) (court’s power to impose prospective fines for contempt)
- Glanzman v. Fischman, 143 AD2d 880 (N.Y. App. Div. 2d Dep’t) (attorney fees may be awarded as part of contempt sanctions)