City Court of Syracuse, Onondaga County

Decided on February 27, 2026

Index No. LT 1244-25/SY

Shadia Tadros, J.

[*1]

Petitioner tenants (hereafter referred to as tenants) filed Notices of Petition and Petitions between May 30, 2025, and September 15, 2025, pursuant to Real Property Actions and Proceedings Law, (RPAPL) Article 7-D. RPAPL Article 7D codified as §§ 797-797-j, known as the "Tenant Dignity and Safe Housing Act," provides a simplified summary proceeding for tenants outside of New York City to bring actions against landlords for habitability and state and local housing code violations.

Procedural Background

Petitioners are all tenants of Nob Hill Apartments who have resided there for at least 30 consecutive days or more. Petitioners named Nob Hill Apartment Group, LLC, Mayfair Management Group, Lument Capital, and Destra Multifamily, LLC as respondents on their petitions. Lument Capital appeared on September 19, 2025, and submitted evidence that they were a funding source only and had no part in the rental management of the apartments. As such, Lument Capital was removed as respondent on the petitions on October 31, 2025.

Testimony was taken at the first appearances of the matters and Orders to Correct were issued on July 15, 2025, for Jose'a Sanjurjo (LT-1244-25/SY) (Rent abated to $0, reserve on arrears and abatement of rent paid/ damages); on July 16, 2025, for John Mawyin (LT-1350-25/SY) (Rent abated to $0, reserve on arrears and abatement of rent paid/ damages); on August 14, 2025 for Debbie A. West (LT-1437-25/SY), Tiesha Muhammad (LT-1438-25/SY), and Jessica Acevedo Roman (LT-1574-25/SY) (Rent abated to $0, all arrears abated to $0, reserve on abatement of rent paid and damages). On September 19, 2025, and Amended on October 21, 2025, an Order to Correct was issued covering the following eight petitions: Muhib Rafiq (LT-1455-25/SY), Melissa O'Hare (LT-1749-25/SY), Shadija Fields (LT-1804-25/SY), Wynter Warren & Kase Gunthrope (LT-1864-25/SY), Bruce R. Hare (LT-1866-25/SY), Christi A. Harlow (LT-1908-25/SY), Jacqueline Patterson & Jennifer Jones (LT-2014-25/SY), and Tracey McClellan (LT-2015-25/SY) (Rent abated to $0, reserved on abatement of rent paid and damages).

The Court took extensive testimony from the tenants on October 21, 2025, as to what, if any, progress had been made towards correcting the habitability issues in the months since the Orders to Correct were issued. Mayfair Management Group's attorney requested another appearance date to make oral motions. Rather than scheduling another appearance, this Court [*2]sent a Scheduling Order on November 7, 2025, for submission of a written motion.

Motion Decision

This is a summary proceeding, a specialized, expedited legal process to provide a faster and more streamlined mechanism than a traditional civil action. Although traditionally courts are reluctant to entertain motions which prevent expeditious dispositions of issues under a summary proceeding, the Court requested a written submission since all the testimony had been taken and parties are awaiting decisions (Panzica v. Cimino, 21 Misc 2d 1076 [NY Co Ct 1959]). Counsel was given three weeks to submit the motion and was given permission to serve the pro se Petitioners electronically. Counsel subsequently made two requests for extensions of time due to not receiving transcripts of the proceedings. These requests were denied for unnecessary delay. Except for the first appearance, where the Orders to Correct were issued based on information contained in the Petitions, Counsel was present for the entirety of the testimony taken and did not put forth any evidence or exhibits on behalf of Mayfair Management Group.

All petitions were served on Mayfair Management Group (Mayfair) at the address of the Chief Executive Officer, Carlos V. Cepeda. When Mr. Cepeda contacted the Court requesting that Mayfair be removed as a defendant in the 7D actions he was advised that he or counsel would need to appear and make a formal request to the Court.

On August 14, 2025, Attorney Hamilton appeared as counsel for Mayfair Management Group and requested that Mayfair be removed as a party to the action, pursuant to CPLR § 440, stating that as of July 2025, Mayfair was no longer associated with Nob Hill. This request was denied since the bulk of the complaints, regarding the failures of management to address habitability issues and make necessary repairs, occurred while Mayfair was the property management company of record for Nob Hill Apartment Group. Counsel now renews the motion for dismissal of the actions against Mayfair by written submission and claims that Mayfair was not responsible for tenant complaints and/or facilitating repairs to the Nob Hill buildings. Counsel failed to submit or include any documentation or contract to support this assertion, despite including fourteen exhibits in his motion. Testimony by property manager John Giannuzzi, confirms that Mayfair was the property management company until September 2025.

Regardless of Mayfair's alleged recent separation, the Court finds that Mayfair is a properly named respondent in these actions pursuant to RPAPL § 797-b. For most, if not all of the timeframes outlined in the petitions, Mayfair was the entity that the tenants had contact with regarding leasing, rent payments and arrears, and complaints regarding needed repairs and habitability concerns. Tenants only had access to Mayfair employees with regard to these matters. A landlord/tenant relationship exists with property management company whose employees are responsible for the direct payment or collection of rent (Bykovtseva v. DTH Capital, Inc., 239 AD3d 476, 233 N.Y.S.3d 54 [1st Dept. 2025]); as such, Mayfair fits the description of a proper party pursuant to RPAPL § 797-b.

Counsel Hamilton further argues that service of the Petitions is not sufficient, and his main contention is that Petitioners did not serve process on the Secretary of State but rather served process on Mayfair's direct address, located in Texas, in addition to Nob Hill Apartment Group, LLC's direct office located on the premises, and Destra Multifamily LLC's address in California. Destra Multifamily, LLC is the current property manager as of the hearing date. Counsel Hamilton was repeatedly advised during court appearances that the Court directed the Petitioners to serve Respondents through certified and first-class mail, see RPAPL § 797-e (4) [*3]and CPLR § 311-a (b).

This Court undoubtedly has jurisdiction over Mayfair. Service was complete as directed by the Court and not defective as Counsel asserts. Mayfair is a company who was doing business in Syracuse as the property management company for Nob Hill Apartment Group, LLC, pursuant to RPAPL § 797-e, and was served by certified and regular mail at the address listed for the company, which is the address of the CEO of Mayfair Management Group, Carlos Cepeda. Having the Secretary of State as an agent for service does not affect the right to serve process in any other manner permitted by law. This management company cannot attempt to avoid service by pointing solely to the Secretary of State as an agent for service. Tenants testified that they were notified that rent was to be paid to Mayfair Management at Mayfair's office located on the Nob Hill premises. Multiple tenants testified to their dealings with Ryan, an employee of Mayfair, who collected their rent and to whom they reported habitability issues. Leases were signed with Mayfair, and correspondence was between tenants and employees of Mayfair, and Counsel has not proved otherwise. These are summary proceedings, which deliberately allow pro se tenants to preserve legal rights without the overly technical and/or elusive filing requirements, and tenants did in fact comply with proper service. This Court will not allow Mayfair to further hinder tenants' access to justice with a frivolous attempt to dodge liability and/or frustrate justice.

Mayfair's motion also attempts to decide for the Court whether tenants who vacated their apartments have standing to maintain their actions. RPAPL requires that tenants who bring 7D actions must have resided in the premises for at least 30 days. Each of the Petitioners have met this criterion and Petitioners who elected to move during the pendency of the proceedings do not relinquish their right to be compensated for damages, including abatement of rent based on actual rental value of the premises.

The remainder of Mayfair's motion points are without merit and Counsel's motion for dismissal is once again denied.

Findings of Fact

Real Property Law § 235-b Habitability and Housing Code Violations

Real Property Law § 235-b implies a residential warranty of habitability, in that tenants shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. Landlords have a legal obligation to provide tenants with a safe and habitable living space, ensuring the property is structurally sound, has functioning plumbing and electricity, and is free from health hazards like mold or vermin. This obligation is a fundamental part of New York State Landlord Tenant Law and applies even if it is not explicitly written in a lease.

Nob Hill is a complex of four (4) six-story buildings containing a total of 761 apartments within the city of Syracuse. Within each of the four buildings there are two elevators, a community room, mail room and entry foyer. Each building has a laundry room and garbage room/trash shoot on each floor. Amenities for the complex include a pool, fitness center, and playground. There are parking lots and garages available for each building.

Property records indicate the sale of the Nob Hill property in August of 2018, and the formation of Nob Hill Apartment Group, LLC as taking possession and control of the property. According to Mayfair Management Group's news website, in July 2023, Nob Hill Apartment Group, LLC hired Mayfair Management Group to manage the Nob Hill complex. Accordingly, tenants testified that they received notice of Mayfair's property management role and have also [*4]testified that it was on or about 2023 that habitability issues began.

Cumulatively tenants testified to making major habitability complaints that went unanswered. Tenants were forced to mitigate conditions with use of space heaters, buckets for bathing, insect sprays and strips, and rodent traps. Tenant demographics include a wide range of individuals: both young and elderly, employed and retired, parents with children, and single adults. Most of the rental units are not subsidized and many tenants continued to pay rent until this Court abated rent at the first appearance in July 2025.

There was only one Petition from building #1, and that matter was settled prior to this Court's ruling. For purposes of this decision, the Court will group tenants, testimony, and findings based on each building and ascribe the overall conditions of the grounds to all Petitioners.

Buildings #2 and #4 have one Petitioner for each building consisting of husband and wife, Wynter Warren and Kase Guthrope, in apartment 423 on the 4th floor of building #2, and Bruce Hare, residing in 330 on the 3rd floor of Building #4. Wynter Warren and Kase Guthrope moved into the property on or about May of 2021 with a monthly rent of $1,568.00. Tenants testified to numerous maintenance issues in their unit including holes in the wall and/or water damage, ceiling fan/microwave/stove inoperable, as well as the toilet constantly clogged and water running excessively even when not in use. Tenants complained that the laundry room, storage room, and other common areas in the building were filthy. Tenants reported that there were moldy carpets in hallways 2 through 5, which were coming up at the seams. Tenants only began withholding rent once this case commenced and this Court abated rent to zero.

Building #4 tenant, Bruce Hare, testified to having moved into his apartment on or about January 2019 and his monthly rent is $1,443.00. Tenant testified that he had been unable to use his bathtub and when he complained, management painted the tub but removed his soap dish, toilet paper holder, and towel rod. His refrigerator was inoperable for a year. Tenant Hare's main concerns were in regard to the building and property deterioration. His complaints include the fire alarms blaring without any official response, that the lobby intercom has remained broken thus having no way to screen visitors, and there is constantly one elevator out of service despite having elderly and/or disabled tenants on the higher floors. The common areas such as trash, laundry, and storage areas are dirty and overflowing, and the hallway outside his apartment is contaminated with pet urine and feces. Finally, Tenant Hare testified that the advertised amenities such as the pool and fitness center are consistently closed, and that there is no security or proper lighting in the hallways and stairwells. The garage doors remain broken and hanging loose, and the grounds of the property are not maintained even minimally. In addition to an abatement of rent, Tenant Hare also requests a refund of the random fees that are assessed monthly such as a pest, technology, and tenant utility fee.

The remaining six tenants whose petitions were consolidated in this action are all tenants of Building #3. General issues building-wide included numerous documented code violations: the heat not working for at least three (3) months in the winter, no hot water for weeks on end without warning or repair; and appalling building security issues including tenants having master keys, which allowed access to all apartments. All tenants testified to the buildings' lack of security, since the side and main doors do not have working locks. In fact, a note is posted from management stating that the door does not work and to leave it propped open. Emergency, stairwell, and exterior lights are nonexistent, and the tenants fear for their safety. All tenants in building #3 testified to an infestation of flies, mice, and roaches. Tenants blamed the pest and [*5]insect outbreak on the flooding of common areas and trash overflow throughout the building, coupled with a lack of cleanup and rodent and pest treatments. Shower and tap water is brown and murky. Finally, tenants testified that only one elevator was operable at any given time but even that elevator was often out of service.

Tenant Melissa O'Hare provided extensive testimony and evidence related to the condition of the entire premises, building #3, unit 118, which is located on the first floor where she resides with her children. Tenant O'Hare's monthly rent is $1,250.00. In addition to the building-wide lack of heat and hot water, Tenant O'Hare testified that the living room and bathroom heat were inoperable, and that a new thermostat was required. Testimony highlighted that there were no screens on any of the windows, and the side entry door was broken. She testified that the ceiling in her hallway closet leaked and that there are constant floods in the building affecting her unit. The laundry room on the higher floors flooded, along with the lobby being flooded with sewage coming from a vacant and unsecured apartment. The unsecured side door also flooded constantly and had no exterior lighting, so she was not able to use it to get her child on the school bus.

Tenant Debbie West's testimony was the most disturbing. Tenant West was also a first-floor resident of Building #3, unit 102, with a monthly rent of $791.00. In addition to the brown water, no hot water, and no heat (she testified that she was forced to use the stove to heat the apartment in the winter months), tenant's apartment was flooded with sewage. Tenant testified that on or about May 28, 2025, she returned to find her apartment flooded with sewage water and fecal matter. The sewage was leaking from a broken pipe in the vacant apartment directly across from her apartment, filling the floors of the hall and neighboring apartments. Tenant West used her pillows and other personal items in an attempt to keep the sewage out of her apartment and salvage many of her belongings. Tenant West tried to call the property manager and Code Enforcement for assistance to no avail. She was forced to take five (5) days off from work to clean the ankle-deep sewage and water in her apartment. Although a member of janitorial later provided a wet vac, Tenant West spent days squeegeeing the muck out of her apartment and into the hallway. Even after Tenant West was able to clean up the sewage, the smell remained for weeks until property management finally moved her to another unit. The unit she was moved to had a rodent infestation due to the piles of trash and garbage accumulating with no waste removal services. Tenant West requested $1,545.20 in itemized damages in addition to personal possessions ruined from sewage, lost wages, and the difference between rental value and rent paid. With permission of the Court, Tenant West moved from the Nob Hill complex on or about September 2025.

Jessica Acevedo Roman was a tenant of Unit 212 in building #3, from 2019 until she moved late last year. Tenant Acevedo Roman's rent was $1,144.00. She testified that her complaints began with the same general maintenance issues as the other tenants reported but had escalated to workers entering her apartment without notice and stealing her belongings. Tenant Acevedo Roman provided police reports, videos of her missing items neatly hidden in another apartment, and pictures documenting her problems with the property. Tenant Acevedo Roman testified she complained of a leak in her apartment coming from upstairs units starting in July 2025. Her complaints included the ripped up dirty carpets in the hallway, in addition to the verbal harassment she was subjected to when she reported the theft. Police reports submitted show that the Mayfair property manager John Giannuzzi asked police, "did she take her medicine," and other inappropriate and gaslighting language meant to undercut her allegations. [*6]Similar harassing and disrespectful language were shouted at other tenants, including Tiesha Muhammad, which was corroborated by the testimony of Tenant Muhammad and other witnesses. Ultimately, Tenant Acevedo Roman was only able to recover some items, which she located on her own, and was offered no assistance or recourse for the damaged and/or stolen items.

Tiesha Muhammad is a resident of the 6th floor of building #3, and her monthly rent is $1,045.00. Tenant Muhammad's complaints echoed those of her fellow tenants in regard to lack of heat, hot water, and building security. Tenant Muhammad testified that she and her service dog were forced to take the stairs on multiple occasions because there was no operable elevator. She testified to her safety concerns as well as her packages being stolen. When the tenant complained to management, she was met with hostility and disrespect. Tenant Muhammad testified to a roach infestation, water damage, and no carbon monoxide detectors, and detailed the harassment that she was met with when attempting to complain.

Tracey McClellan resides with her mother in unit 301 on the third floor of building #3. A tenant since 2019, her rent is $975.00 a month. Tenant McClellan testified to the conditions at Nob Hill deteriorating in the past couple years, which included lack of heat in her mother's room, brown water from faucets, toilet being clogged and/or overflowing with or without use, water leaking and water damage from ceiling, and entry doors out of service. In addition, tenant states that her cabinet doors are broken as well as the refrigerator has broken down twice, which resulted in a loss of food. When the refrigerator was finally replaced, maintenance simply left the broken refrigerator in her hallway. Tenant also testified that the community room and other common areas are filthy and that she has had packages stolen due to the lack of security.

John Mawyin is also a tenant of building #3, unit 309, and his monthly rent is $1,370.00. Tenant Mawyin testified that shortly after moving into Nob Hill, the heat didn't work for the entirety of the winter, from November 2024 until February 2025. He also was forced to live without hot water and apparently had a lock on his door that all other tenants had a master key for. Although many locks were changed as a requirement of this Court's July 16, 2025, Order to Correct, Mr. Mawyin was the last to know and the last to receive a new lock, arguably putting him at grave risk; all tenants testified to squatters and/or strangers frequenting the premises due to the buildings' lack of locking entry doors and lack of security for the premises.

Property wide, all tenants testified to dilapidated grounds and rundown buildings, coupled with an appalling lack of security. Many of the amenities offered were more hazards than luxuries. In fact, the property lacked basic amenities such as heat and hot water. For many of the tenants Nob Hill was more of a nightmare than a home. The pool, playground, and landscaping were overrun with garbage and waste. The grass in the spring would grow like a forest, and the snow/ice in the winter would remain unplowed and impassable. The gym/fitness center was dirty with no operable machines, and the hallways, stairwells, and common areas were piled with trash, waste and the excrement of squatters. The testimony regarding the lack of security such as no cameras, no working exterior or interior lighting, no locks on entrance doors, vacant and unsecured units, and squatters and/or drug users lodging and loitering about the premises, painted a scene of lawlessness and peril. All tenants testified to contacting management and city code enforcement to no avail.

Holdover, Non-Payment Petitions and Retaliation - Real Property Law § 223-b

There are no pending non-payment or holdover petitions filed against the Petitioners in this consolidated action.

Judgment/Order/Decision

In sum, Petitioners proved that they have been living in deteriorating and horrifying conditions since Mayfair took over property management duties at the property in July 2023. Conditions in the individual units, and the premises as a whole, saw a sharp decline in habitability, and the tenants' only recourse was to file 7D actions, and try to force Respondents into repairing the property. This Court's attempts to force repairs were also met with a laxadazicle effort; the property is severely understaffed and although property manager John Giannuzzi showed a willingness to undertake the needed hiring and repairs, he is no longer employed as of September 2025. Since September the property has gone from bad to worse, continuing its downward spiral with complaints of no heat, water pipes bursting, ceilings collapsing due to leakage, and no security. Mr. Giannuzzi worked for Mayfair Management Group until they were replaced by Destra Multifamily, LLC as the property management company. It should be noted that Destra Multifamily, LLC has not appeared in this action except for Mr. Giannuzzi appearing when Nob Hill's attorney brought him into Court to testify.

Rather than take responsibility for its inaction and ghastly conditions, Mayfair attempts to be removed as a party altogether, in what can only be described as an insulting attempt to frustrate justice for the very people it was hired to serve. Some of the conditions noted are the worst this Court has seen. The complete disregard of tenants' living conditions would be deemed criminal if not for corporate protections.

Almost all tenants lived without heat and/or hot water for months, in a Syracuse winter with lower-than-average temperatures and higher than average snowfall. The tenants' demographics fill the spectrum in age, profession, gender, and abilities. Many had work and/or school, whereby they woke early while still dark, and were forced to get themselves ready for their day, without heat or hot water for months at a time, and without warning or explanation; all while continuing to pay premium rent. Tenants testified they found mice and roaches in their beds and on their appliances. Some were forced to shower at their gym or go to a loved one's house to use hot water. Tenants were forced to reckon with trash and waste, and unlawful entry into their buildings and units by strangers and staff alike. They suffered property loss from interior sewage leaks, pest and rodent infestation, and theft.

Tenants reached out to everyone and anyone who could assist to no avail, they went down in person, emailed, called, and used an online portal system, in addition to calling Syracuse City Code Enforcement. Simply trying to ascertain who owns and/or runs the place is its own task. Property manager, Mayfair Management Group, continues to shirk its duty by demanding that these tenants keep track of what or who now owns and/or runs the place, and where they are headquartered or would like to be served. If this Court did not hold the owner and the property management company responsible for such squalor, then tenants would have zero recourse. These cases illustrate the very essence and purpose of Article 7D actions, and the intent is clearly written in the name, 'Tenant Dignity and Protection Act."

This Court finds that Petitioner tenants were and continue to be forced to live with unfortunate and unsatisfactory conditions, which continue to be severe and persistent and thus a reduction in the rental value is proper (see Newkirk v. Scala, 90 AD3d 1257, 1258 [3d Dept 2011]).

It is also the finding of this Court, that due to the inadequate and insufficient action of Respondents, Petitioners are entitled to compensation for expenses and damages to personal property (Spatz v. Axelrod Mgt. Co., Inc., 165 Misc 2d 759 [NY City Ct 1995]).

UPON consideration of the evidence and testimony presented, it is the judgment of this Court pursuant to RPAPL Law § 797-j, that it is hereby

ORDERED, that all rental arrears for named Petitioners are hereby abated to $0, and it is further,

ORDERED, that all rent for tenants of building #2 and building #4, for the year 2025 is abated by 50%, and Respondents are to pay to Wynter Warren & Kase Gunthrope a refund payment of $6,272.00, and Respondents are to pay to Bruce Hare a refund of $3,607.00, and it is further

ORDERED, that all rent for tenants of building #3, for the year 2025 is abated by 100%, and Respondents are to pay to Debbie West a refund of $3,164.00, and Respondents are to pay to Jessica Acevedo Roman a refund of $3,432.00, and Respondents are to pay to Mellisa O'Hare a refund of $3,750.00, and Respondents are to pay to Tracey McClellan a refund of $2,628.00, and it is further

ORDERED, that Respondents are to pay compensation of expenses and damages to property to Debbie West in the amount of $2,381.20, and to Jessica Acevedo Roman in the amount of $1,430.00, and to Tracey McClellan in the amount of $267.39, and it is further

ORDERED, rent for all Petitioners is continued to be abated to $0, until further determination by this Court or until June 30, 2026, and it is further

ORDERED, that Respondents are jointly and severally liable for the refunding of rent and awards for damages to Petitioners.

ENTER.

HON. SHADIA TADROS

Syracuse City Court Judge

Dated: February 27, 2026

Syracuse, New York