Case Type

Holdover-Lease Expiration

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

313214/21

Petitioner

Aminul Mia

Respondent

Faith Ursula Lyons, Hussuf Ginem, “JOHN DOE”, “JANE DOE”

Judge

Lutwak, Diane

Decision/Order Date

2024-06-24

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord initiated a holdover proceeding against the tenant, claiming that the tenant's tenancy had expired. The tenant defended the proceeding by asserting that the apartment was rent-stabilized. The landlord denied that the building contained six or more units. The court granted the tenant's motion for summary judgment, finding that the new evidence from the New York City Department of Buildings showed that the building had been converted to a seven-unit building in 2002, and that the tenant had met her burden of demonstrating a prima facie showing of entitlement to judgment as a matter of law. The court rejected the landlord's argument that the tenant's family members were not "close family" and that the tenant's claims of confusion were not credible.

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