Case Type
Holdover-Illegal Use
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-318560-22
Petitioner
35-09 LLC
Respondent
Stefan Navedo-Perez, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2023-12-06
Posture
Pre-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The case involves a holdover proceeding seeking possession of a rent-stabilized apartment due to illegal occupancy. The landlord alleged that the tenant's occupancy of the basement/cellar apartment was unlawful, as it could not be legalized according to the New York City Department of Buildings. However, the court dismissed the petition, citing precedents that require proof of actual governmental violations or penalties for illegal occupancy. Without evidence of such violations or penalties, the court ruled in favor of the tenant, emphasizing the need for exhaustion of administrative remedies before pursuing eviction based on unlawful use.
Recommended Citation
"35-09 LLC v. Navedo-Perez" (2023). All Decisions. 1502.
https://ir.lawnet.fordham.edu/housing_court_all/1502
