Case Type

Holdover-Owner's Use

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-319605-22

Slip Opinion Number

2024 NY Slip Op 24089

Petitioner

St Nick's Alliance, LLC

Respondent

Carlos M. Cordero, Jr., JOHN DOE, JANE DOE

Judge

Bacdayan, Karen May

Decision/Order Date

2024-03-20

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In this owner's use holdover proceeding brought by the non-profit landlord, the court granted the landlord's motion for summary judgment after the tenant defaulted in opposing. The court rejected the tenant's argument that a deceased prior occupant was a rent-stabilized tenant to whose tenancy the tenant, as a non-traditional family member, could succeed. The court found that under the 2019 HSTPA amendments, the prior occupant was at most a "tenant" in name only for the non-profit housing accommodation exempt from rent regulation, not an actual rent-stabilized tenant. As the tenant was at best a licensee, he could not claim rent-stabilized succession rights. The court awarded a final judgment of possession to the landlord.

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