"Riverview I Affordable Preservation, LLC v. Lendelbolg"
 

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 Doe”

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.

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