Case Type

Holdover-Licensee

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

301046-22

Slip Opinion Number

2025 NY Slip Op 25198

Petitioner

5539-181 and 182 Prospect Park West Brooklyn LLC

Respondent

Christopher Rivera; CHRISTIAN RIVERA; ALEXANDER RIVERA; ANGELO RIVERA; CYNTHIA RIVERA; CYNTHIA VARGAS; JOHN DOE; JANE DOE

Judge

Bacdayan, Karen, M

Decision/Order Date

2025-08-29

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Other

Synopsis

In this licensee holdover, the tenant moved for summary judgment, arguing he was a "disabled person" under rent control regulations and thus only required to prove one year of co-residency for succession rights. The landlord argued against applying the broader definitions from the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), favoring the narrower standard of the original Americans with Disabilities Act (ADA) as applied in a prior appellate case. The court, however, ruled that whether the tenant is a "disabled person" is a triable issue of fact and that it may appropriately look to the ADAAA for guidance, as its remedial purpose aligns with the rent control regulations. The motion for summary judgment was denied.

Keywords

Succession; Rent Control; Disabled Person Under 9 NYCRR § 2204.6 (d)(3)(iii) and Americans with Disabilities Act & the Americans with Disabilities Act Amendments of 2008; Issue of Fact Whether Respondent is a Disabled Person and Therefore Need Only Prove 1-Year of Co-residency with Deceased Tenant of Record

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