Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-302279-21/KI
Slip Opinion Number
2025 NY Slip Op 33971(U)
Petitioner
29 Flatbush Associates LLC
Respondent
Maria Medina, John Doe, Jane Doe
Judge
Grant, Sulay K.
Decision/Order Date
2025-10-14
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover for a rent-stabilized apartment, also subject to LIHTC, the tenant moved for summary judgment asserting succession. The landlord opposed, arguing succession would violate LIHTC rules due to the successor's household size and income, jeopardizing tax credits. The court held LIHTC rules do not preempt RSC succession. It found the regulatory agreement provides exceptions for compliance, and prior non-inclusion on household composition does not bar succession. The court denied the landlord's cross-motion and granted the tenant's motion for summary judgment, finding succession established and dismissing the proceeding.
Keywords
Licensee Holdover; LIHTC; Succession; Failure To Be Included On Household Composition Does Not Preclude Succession; LIHTC Regulations Do Not Preempt RSC; Succession Granted On Summary Judgment Motion
Recommended Citation
"29 Flatbush Associates LLC v. Medina" (2025). All Decisions. 2019.
https://ir.lawnet.fordham.edu/housing_court_all/2019
