Case Type
Holdover-Owner's Use
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Not Stated
Slip Opinion Number
2026 NY Slip Op 05185
Petitioner
Joel Fried
Respondent
Isabel Lopez; Raul Lopez
Judge
Angela G. Iannacci, J.P.; William G. Ford; Carl J. Landicino; Susan Quirk, JJ.
Decision/Order Date
2026-09-02
Posture
Appeal
Disposition
Appeal: Reversed
Winner
Tenant Substantially Won
Synopsis
App Div reverses App Term, reinstating Civil Court's dismissal of this personal-use holdover petition. HSTPA Part I §5 expressly applies to proceedings pending at enactment where no judgment of possession had been obtained. No retroactive effect problem arises because the landlord held no vested right to recover units before HSTPA took effect. The heightened 'immediate and compelling necessity' standard and one-unit limit therefore govern this proceeding.
Keywords
Owner's Use Holdover; HSTPA Applied Retroactively to Pending Cases; Heightened Standards for Owner's Use Recovery; Immediate and Compelling Necessity; HSTPA Part I § 5; App Div Reverses App Term
Recommended Citation
"Matter of Fried v. Lopez" (2026). All Decisions. 2481.
https://ir.lawnet.fordham.edu/housing_court_all/2481
