Case Type

Holdover-Failure to renew lease

Housing Type

Rent Regulated

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-052556-18/QU

Petitioner

89-21 153 LLC

Respondent

Lillian Rosario, Andres Cardona, Luis E. Cardona Uran, "John Doe" & "Jane Doe"

Judge

Nembhard, Clifton A.

Decision/Order Date

2024-03-26

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover-non-primary residence case, the landlord initiated the proceeding due to the tenant's failure to renew her lease. A stipulation was reached with one of the respondents, Andres Cardona, regarding use and occupancy payments pending DHCR's determination on Cardona's succession claim. DHCR subsequently directed the landlord to offer Cardona a renewal lease. Despite legal actions taken by the landlord, including a petition for administrative review and an Article 78 proceeding, the court upheld DHCR's decision. The landlord sought unpaid use and occupancy for a period after DHCR's determination, but the court ruled in favor of the tenant, stating that the landlord's remedy was a claim for rent rather than use and occupancy. Consequently, the cross-motion to dismiss the case was granted, and the motion was denied as moot. The tenant substantially won the case, and the court's decision resulted in the case being dismissed.

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