Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T 302566/21
Petitioner
OWL CREEK PROPERTIES, LLC.
Respondent
MONIQUE TIMMONS, STEVEROY K. JEFFERS, AWARIE JAMAL BROWNE, DEBRA C. LIGHTFOOT, JAY LEE, JOHN DOE, JANE DOE
Judge
MILLER, KISHA L.
Decision/Order Date
2024-05-10
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover-non-primary residence case, the court determined that the tenant's brother, who resided in the premises since 2015, established succession rights despite the tenant's permanent vacatur. The court applied recent legislative amendments to define "permanent vacatur" and credited brother's testimony despite a lack of documentation. His continuous occupancy and credible testimony prevailed over the landlord's claims, resulting in the case being dismissed in favor of the tenant. The court held that the new statutory definition of permanent vacatur provided in RSC § 2523.5(b)(2) applies, and notes that this provision overrules the prior rule on determining permanent vacatur in the First Department, stated in Third Lenox Terrace Assoc. v. Edwards, 91 AD3d 532 (1st Dept 2012), which no longer applies.
Recommended Citation
"OWL CREEK PROPERTIES, LLC. v. TIMMONS" (2024). All Decisions. 1524.
https://ir.lawnet.fordham.edu/housing_court_all/1524
