Case Type
Holdover-Non-primary Residence
Housing Type
Rent Controlled
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571276/25
Slip Opinion Number
2025 NY Slip Op 52043(U)
Petitioner
957 Park Avenue LLC
Respondent
Francisco Ordonez
Judge
Brigantti, Perez, Alpert, Stoller, Jack
Decision/Order Date
2025-12-23
Posture
Other
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term, First Department, affirmed a Civil Court final judgment awarding possession to the landlord in a holdover summary proceeding. The tenant, claiming succession rights as a non-traditional family member to a deceased rent-controlled tenant, failed to establish the requisite emotional and financial commitment and interdependence. The courts found the relationship was "one-sided," lacking mutual support as required by NY City Rent & Eviction Regs § 2204.6[d]. The decision highlights the high burden on a tenant seeking non-traditional family member succession, noting the trial court's warranted conclusion based on the asymmetric dynamic of the relationship.
Keywords
Succession; Rent Control; Non-traditional Family Member; Respondent Failed to Prove Requisite Emotional Interdependence and Financial Commitment; Failure of Proof that Relationship was More than “One Sided”
Recommended Citation
"957 Park Avenue LLC v. Ordonez" (2025). All Decisions. 2052.
https://ir.lawnet.fordham.edu/housing_court_all/2052
