Case Type
Holdover-Licensee
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
305195-23/NY
Petitioner
Riverview I Affordable Preservation, LLC
Respondent
Elizabeth Lendelbolg, Jayden Hernandez, Julio Lendelbolg a/k/a Jose Lendelbolg, “John Doe,†and “Jane Doeâ€
Judge
Stoller, Jack
Decision/Order Date
2025-04-21
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a licensee holdover proceeding seeking possession of a project-based Section 8 unit after the death of the tenant of record. The tenant's siblings and child remained in the apartment and asserted succession claims. At trial, the landlord established prima facie entitlement to relief by showing service of predicate notice and non-tenancy status of remaining occupants. However, the tenant's brother demonstrated through documentary evidence and testimony that he had resided with the deceased tenant for at least two years prior to her death, thereby satisfying HUD succession requirements. The court found that he qualified as a remaining family member under the HUD Handbook and thus was not a licensee. As the landlord could not remove him, it could not evict the other occupants. Practice Note: Succession claims in subsidized housing must be supported by strong documentary proof; if one co-occupant succeeds, the landlord's recovery claim may fail entirely.
Recommended Citation
"Riverview I Affordable Preservation, LLC v. Lendelbolg" (2025). All Decisions. 1805.
https://ir.lawnet.fordham.edu/housing_court_all/1805