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
L&T 75988/18
Slip Opinion Number
2025 NY Slip Op 51671(U)
Petitioner
West 156 Holdings LLC
Respondent
Leonard Ferguson, Corrine Ferguson, Messiah Ferguson, John Does, Jane Does
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-10-09
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
In this licensee holdover proceeding, the landlord sought summary judgment against a tenant claiming succession rights to a rent-stabilized apartment. The tenant asserted he lived with his grandmother, the former tenant, until 1994, then was incarcerated for over 20 years, returning after her 2018 death. The court deemed the tenant's answer a general denial with a succession defense but struck the defense. It held that the tenant's lengthy incarceration did not constitute a "temporary relocation" under RSC § 2523.5(b)(2) and precluded him from establishing primary residence for the requisite two years before the former tenant's death. Consequently, the landlord was granted a possessory judgment.
Keywords
Succession; Temporary Relocation; RSC § 2523.5(b)(2); 20 Year Incarceration Not Excusable Absence For Purposes of Succession Claim
Recommended Citation
"West 156 Holdings LLC v. Ferguson" (2025). All Decisions. 2027.
https://ir.lawnet.fordham.edu/housing_court_all/2027
