Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570124/24
Slip Opinion Number
2024 NY Slip Op 50764(U)
Petitioner
Jopep LLC and Joup LLC
Respondent
Lisa Cardo, "John Doe" and "Jane Doe"
Judge
Hagler, P.J., Tisch, James
Decision/Order Date
2024-06-25
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In a holdover proceeding alleging non-primary residence in a rent-stabilized apartment, landlord sought possession after tenant failed to renew lease claiming absence from the premises. Tenant sought a stay pending DHCR's decision, but the court ruled against it, asserting jurisdiction for determining primary residence lies with the court, not DHCR. The court cited statutory provisions and precedent allowing flexibility in defining primary residence under rent stabilization laws, ultimately denying tenant's motion and remanding the case for further proceedings in landlord's favor.
Recommended Citation
"Jopep LLC v. Cardo" (2024). All Decisions. 1588.
https://ir.lawnet.fordham.edu/housing_court_all/1588
