Case Type
Holdover-Non-primary Residence
Court
Supreme Court of the State of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
158016/2022
Petitioner
Ilan Properties, Inc.
Respondent
Hanna Hendler
Judge
Bacdayan, Karen May
Decision/Order Date
2023-11-06
Posture
Pre-answer Motion by Landlord & Tenant
Disposition
Other
Winner
Other
Synopsis
The court declined to decide if the tenant has the right to occupy the apartment or if the landlord has standing to evict, finding these issues require Supreme Court resolution due to the agreements' arbitration provisions. The landlord sought to evict the tenant, claiming she no longer used the apartment as her primary residence in violation of the lease. The tenant argued the agreement mandated arbitration and lacked standing for eviction. The court denied both motions for summary judgment and compelled arbitration, but later stayed arbitration upon finding the court, not an arbitrator, should decide the threshold issues of occupancy rights and standing due to the agreements' provisions. Key legal points: 1) Agreements requiring Supreme Court dispute resolution override Housing Court jurisdiction for threshold issues like occupancy rights and standing. 2) Unclear whether the tenant breached the lease or if the landlord has standing for eviction requires further court determination.
Recommended Citation
"Ilan Props., Inc. v. Hendler" (2023). All Decisions. 1354.
https://ir.lawnet.fordham.edu/housing_court_all/1354
