Case Type
Holdover-Owner's Use
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-00714
Slip Opinion Number
2025 NY Slip Op 03719
Petitioner
Shlomo Karpen
Respondent
Julio Andrade, Manuel Castro, Miriam Andrade, Juan Pablo Arevalo, Guadalupe Romero
Judge
LASALLE, HECTOR D.
Decision/Order Date
2025-06-18
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding, the court addressed the retroactivity of the Housing Stability and Tenant Protection Act of 2019 (HSTPA)'s "personal use" exception, which limits landlords to recovering one unit and requires "immediate and compelling necessity." The Appellate Division held that where a landlord had not obtained a judgment of possession prior to HSTPA's enactment, the new law applies. This reversed the Appellate Term and affirmed the Civil Court's dismissal, finding no impermissible retroactive effect since the landlord had no vested right to multiple units.
Keywords
Personal Use; HSTPA; Applicability to Pending Cases
Recommended Citation
"Matter of Karpen v. Andrade" (2025). All Decisions. 1838.
https://ir.lawnet.fordham.edu/housing_court_all/1838
