Case Type
Holdover-Illegal Sublet
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
302508-23
Slip Opinion Number
2024 NY Slip Op 50606(U)
Petitioner
Crotona Park Residences LLC
Respondent
RIGOBERTO ELICIER, "JOHN DOE" AND "JANE DOE"
Judge
Tovar, Bryant
Decision/Order Date
2024-05-22
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
The petitioner, Crotona Park Residences LLC, filed a holdover proceeding against Rigoberto Elicier and two other occupants, alleging illegal occupancy without landlord permission. The petitioner sought summary judgment based on the respondent's omission from the prior tenant's income recertifications, arguing it violated the LIHTC regulatory agreement. However, the court ruled in favor of the respondent, granting their cross-motion for summary judgment and dismissing the petitioner's claims. The court found that the respondent's absence from the income recertifications did not bar their right to succession under state law, emphasizing the importance of maintaining affordable housing under the LIHTC program.
Recommended Citation
"CROTONA PARK RESIDENCES LLC v. ELICIER" (2024). All Decisions. 1523.
https://ir.lawnet.fordham.edu/housing_court_all/1523
