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
L&T 311139/24
Petitioner
Churchill House, L.P.
Respondent
Jacqueline Marshall, John Doe, Jane Doe
Judge
Ortiz, Frances
Decision/Order Date
2025-06-10
Posture
Other
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
In a licensee holdover involving a HUD Section 236/Low Income Housing Tax Credit apartment, the court dismissed the respondent's succession claim, granting the landlord a final judgment of possession and money judgment for use and occupancy. The court acknowledged that federal regulations and caselaw for subsidized apartments do not mandate the fixed co-residency periods of rent-regulated contexts nor require inclusion on household compositions. However, the respondent's testimonial evidence of co-residency with her deceased father for "a suitable duration" to establish membership in the family unit was found lacking in credibility and consistency, failing to prove her succession rights.
Keywords
Succession claim dismissed for failure of proof; HUD Section 236/LIHTC
Recommended Citation
"Churchill House, L.P. v. Marshall" (2025). All Decisions. 1843.
https://ir.lawnet.fordham.edu/housing_court_all/1843
