Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-318764-22/KI
Petitioner
Carroll Flats LLC
Respondent
Noreen D. Gibson, John Doe, Jane Doe
Judge
Jimenez, Sergio
Decision/Order Date
2025-04-21
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover licensee proceeding, the landlord sought possession of a rent-stabilized apartment, alleging the tenant remained unlawfully following the death of the tenant of record. The tenant claimed succession rights as the daughter of the deceased. Although she lacked formal documentary evidence such as a birth certificate, testimony from an uninterested long-time neighbor established a familial relationship. The tenant also presented government benefit records demonstrating occupancy during the relevant two-year period. The court emphasized that lack of financial interdependence and formal documents is not dispositive in succession claims, particularly for low-income families. The landlord failed to rebut key factual assertions, leading the court to find the tenant had satisfied her burden of proof. Succession rights were granted and the case was dismissed. Practice note: credible third-party testimony and continuity of residence may overcome deficiencies in documentation where succession is claimed.
Recommended Citation
"Carroll Flats LLC v. Gibson" (2025). All Decisions. 1795.
https://ir.lawnet.fordham.edu/housing_court_all/1795
