Case Type
Holdover-Licensee
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
310910/2024
Slip Opinion Number
2025 NY Slip Op 50665(U)
Petitioner
97th Street Commons, LLC
Respondent
Ortega, Melissa et al.
Judge
Ibrahim, Shorab
Decision/Order Date
2025-04-25
Posture
Post-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Keywords
Landlord commenced a licensee holdover alleging tenant of record had vacated, relying solely on a DHCR order that dismissed tenant’s lease complaint as moot due to supposed vacatur. Tenant moved for summary judgment, showing she remained in occupancy and had never surrendered or abandoned the apartment. The court found landlord’s reliance on the DHCR order misplaced, holding DHCR lacks authority to determine primary residence and that its finding had no res judicata or collateral estoppel effect. Further, because the tenant remained in possession with a valid lease, she could not be bypassed as a necessary party. The court emphasized due diligence requirements under CPLR § 1024 for naming unknown occupants, which petitioner failed to meet. Consequently, the petition was dismissed. Practice note: landlords should not base holdovers on flawed administrative assumptions and must name indispensable tenants in summary proceedings.
Recommended Citation
"97th St. Commons, LLC v. Ortega" (2025). All Decisions. 1786.
https://ir.lawnet.fordham.edu/housing_court_all/1786
