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Active and resolved legal proceedings related to 109 East 9th Street. Documents will be added as they are obtained.
As of mid-2025, there are five active or recently resolved court cases involving the building — resulting in legal fees of approximately $60,000 per month. The administrative proceeding to revoke the CONH is the most consequential, as it determines whether DOB-ordered structural repairs can proceed.
Posture: Concluded — six-day trial (May 8–Sep 25, 2025), ALJ Report & Recommendation issued Feb 20, 2026, Final Determination adopted March 9, 2026. CONH rescinded with 3-year bar on new applications. Article 78 appeal status unknown.
HPD's proceeding to revoke the Certificate of No Harassment that it previously granted in March 2024 after a 6+ month investigation. This case is the core of the regulatory conflict — if the CONH is revoked, DOB-ordered emergency structural repairs cannot proceed.
Posture: Resolved — Stipulation of Settlement so-ordered Oct 29, 2025. Final judgment of possession entered, warrant of eviction issued. Earliest execution Dec 1, 2025.
Holdover proceeding against James T. Hicks (Unit 4B) alleging non-primary residence for over 25 years and illegal subletting. A fellow tenant reported that Hicks had been renting out his rent-stabilized room through a middleman, charging approximately $500/month — about three times the legal rent.
Posture: Active — discovery phase. Motion to dismiss denied Sep 16, 2025; discovery granted. PI report (Exhibit S-39) filed.
Holdover proceeding against Shiras Patterson Beckwith (Unit 2E) alleging non-primary residence. A private investigator gathered evidence that the tenant lives at his wife's rent-stabilized apartment in Greenpoint and their property in Pittsburgh, spending approximately 1% of his time at the 80-square-foot SRO unit.
Posture: Active — discovery granted, 17 open violations, HP court-mandated DOB inspection Nov 6, 2025 found tenant-installed illegal work
HP proceeding brought by five SRO tenants (Dukleth, Hall, Beckwith, Sabin and Chlapek) against 109E9 LLC and its agents alleging harassment through construction activity and seeking correction of housing maintenance code violations. The construction at issue was performed under DOB permits to comply with emergency orders and longstanding violations. NYC HPD and DOB are named City-Respondents.
Posture: Resolved — discontinued February 7, 2025. Satisfied through NYC's one-shot emergency assistance program.
First non-payment petition against Remigiusz Chlapek (Unit 2D) for $5,850 in arrears (Dec 2023 – Dec 2024 at $450/month). Discontinued February 7, 2025 — satisfied through NYC's one-shot emergency assistance program.
Posture: Resolved — discontinued February 12, 2025. Satisfied. Court papers were produced in HPD discovery for OATH Index No. 1984/25.
Non-payment petition against Judy Lucille Sabin (Unit 3C) for $6,533.52 plus interest from July 1, 2021. Discontinued February 12, 2025 — satisfied. Court papers were produced in HPD discovery for OATH Index No. 1984/25.
Posture: Active — second non-payment proceeding against Chlapek. Counterclaims filed for overcharge and harassment.
Second non-payment petition against Remigiusz Chlapek (Unit 2D), filed December 17, 2025 for $3,600 in arrears. Active with overcharge and harassment counterclaims.
Posture: Active — filed by Gartrell’s Brooklyn landlord (119 Freeman Realty Corp); respondent represented by Himmelstein McConnell Gribben & Joseph LLP
Amy Gartrell's own Brooklyn landlord, 119 Freeman Realty Corp., filed a non-primary residence holdover proceeding against her for the rent-stabilized apartment at 119 Freeman Street, Apt. 2R, Brooklyn. The petition alleges Gartrell primarily resides at 109 E. 9th Street, Apt. 2E — the same SRO unit at the center of 109E9 LLC v. Shiras Patterson Beckwith. Her vehicle registration, voter registration, and financial records all use the 109 E. 9th Street address. Building personnel had not seen her on a daily basis for at least one year.
Notice to terminate tenancy based on non-primary residence. Enumerates evidence that Gartrell primarily resides at 109 E. 9th St: vehicle registration, voter registration, financial records, and partner Beckwith's lease/utilities all at that address. Building personnel had not seen her on a daily basis for at least one year.
Posture: Active — temporary order of protection issued; Chlapek ordered to stay away from building and owner
Criminal case against tenant Remigiusz Chlapek (Unit 2D) for criminal mischief in the fourth degree (PL 145.00(1)). A temporary order of protection was issued on April 25, 2025 by Judge Michael Ryan, ordering Chlapek to stay away from building owner Michael Geylik and from 109 East 9th Street, with no contact by any means including through third parties. This is separate from Chlapek's 26-count Grand Jury indictment for sex trafficking and witness tampering (Indictment No. 70317/26).
Temporary order of protection issued against Remigiusz Chlapek, protecting building owner Michael Geylik. Conditions include stay-away from Geylik's home, school, business, place of employment, and 109 East 9th Street; no contact by any means; no third-party contact; refrain from assault, stalking, harassment, and all criminal offenses against Geylik. Issued as a condition of recognizance. Valid until October 23, 2025.
Rent overcharge complaint filed with DHCR against the building owner. Preliminary response and extension filed January 26, 2026. DHCR docket received November 28, 2025.
Court records are part of the public record. You can independently verify them through the New York State Unified Court System (eCourts) or by visiting the court clerk’s office. Administrative proceedings can be verified through NYC Administrative Case Search.