Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

313485-22/NY

Petitioner

Audubon 27 LLC

Respondent

Lizette Viera and Michael Viera

Judge

Stoller, Jack

Decision/Order Date

2025-07-31

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover, the court dismissed the landlord's petition after a trial, finding that one of the tenants was entitled to succession rights to his deceased mother's rent-stabilized apartment. The court found that he had lived with the prior tenant for the requisite two-year period, based on documentary evidence and testimony. Although the court dismissed the succession defense of another occupant, it held that the landlord could not evict the other family members because their occupancy was derivative of the successful successor.

Keywords

Succession Granted After Trial

Share

COinS