Case Type
Holdover-Non-primary Residence
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
70766/18
Slip Opinion Number
2025 NY Slip Op 03322
Petitioner
901 Bklyn Realty, LLC
Respondent
Mireille Manigat, Ritania Lamour
Judge
DILLON, MARK C.; MILLER, ROBERT J.; VOUTSINAS, HELEN; VENTURA, LOURDES M.
Decision/Order Date
2025-06-04
Posture
Other
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In a non-primary residence holdover proceeding, the Appellate Division affirmed the Appellate Term's decision, disqualifying the tenant's stepdaughter from succeeding to her stepfather's rent-stabilized tenancy. The court held that succession rights must be asserted in a timely fashion, typically when a lease renewal offer is made after the tenant of record permanently vacates. The tenant's stepdaughter failed to claim succession to her stepfather's tenancy immediately after his death and did not seek succession to the subsequent tenancy of her step-sister. The court emphasized that the "tenant" for succession purposes usually refers to the most recent tenant of record. Recent amendments to Public Housing Law concerning "permanently vacated" did not alter this outcome. The landlord's motion for summary judgment was granted, and final judgment was awarded to the landlord.
Recommended Citation
"Matter of 901 Bklyn Realty, LLC v. Manigat" (2025). All Decisions. 1811.
https://ir.lawnet.fordham.edu/housing_court_all/1811
