Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Richmond County (Staten Island)

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

301001-25/RI

Petitioner

Jeton Kukaj

Respondent

Jawana Egleton, John Doe, Jane Doe

Judge

Smith, Remy

Decision/Order Date

2026-01-20

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In a holdover proceeding, the tenant moved to dismiss, arguing the landlord failed to plead good cause for eviction as required by the Good Cause Eviction Law (GCEL), claiming the landlord did not qualify for the "small landlord" exemption. The court found the landlord owned more than ten units in New York State, including an owner-occupied two-family home (where the second unit counted toward the limit based on the Certificate of Occupancy) and a vacant unit under construction. Therefore, the court held the landlord was not exempt from GCEL, and thus failed to provide the necessary good cause and notices. The tenant's motion to dismiss was granted, and the proceeding was dismissed.

Keywords

GCEL; Holdover Dismissed for Failure to State a Cause of Action; Small Landlord Exemption Does Not Apply Because Landlord Owns More than 10 Units Within New York State; Certificate of Occupancy Shows That Front and Rear Portions of Building are Two Distinct Dwelling Units

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