Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-312491-24/NY
Petitioner
REDACTED
Respondent
REDACTED
Judge
Ferdinand, Tracy E.
Decision/Order Date
2026-01-21
Posture
Post-answer Motion by Landlord, Post-answer Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
The court considered consolidated motions in holdover proceedings where the landlord sought to evict tenants under the Good Cause Eviction Law (GCEL), asserting an intent to demolish the fair-market apartments. The court denied the landlord's motion to strike tenants' defenses, finding that the landlord's architectural reports, unsupported by expert testimony, failed to establish a prima facie plan for demolition rather than mere renovation. Concurrently, the court denied the tenants' cross-motion to dismiss, ruling that GCEL's definition of "housing accommodation" includes individual residential units, not solely entire buildings. The factual dispute regarding the landlord's good faith intent to demolish versus renovate remains for trial.
Keywords
GCEL; Demolition of “Housing Accommodation” as Good Cause to Evict; RPL § 216[h] – Motion to Strike Tenants’ Defenses Denied Because Landlord’s Architecture’s Report is Unsupported by Expert Testimony – Landlord Failed to Establish Prima Facie Proof of Landlord’s Plans to Demolish Apartments – Tenants’ Motions to Dismiss Denied Because GCEL Term “Housing Accommodation” Under RPL § 211[1] Includes Individual Residential Units – Factual Dispute to be Resolved at Trial Whether Landlord Plans to “Demolish” or “Renovate”
Recommended Citation
"REDACTED #00015" (2026). All Decisions. 2079.
https://ir.lawnet.fordham.edu/housing_court_all/2079
