Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
329134-23
Slip Opinion Number
2026 NY Slip Op 26006
Petitioner
Gerard Gomez
Respondent
Joseph Alfred Gomez; BEVERLY BAILEY; ISAIAH GOMEZ; "JOHN DOE"; "JANE DOE"
Judge
Bacdayan, Karen May
Decision/Order Date
2026-01-09
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
This licensee holdover proceeding, initiated by the landlord against family member tenants-at-sufferance, was dismissed by the Civil Court for lack of subject matter jurisdiction. The landlord had sought to evict the tenants based on a 30-day notice under RPL § 228. However, the court ruled that Housing Court, operating under RPAPL Article 7, lacks jurisdiction over common law tenancies at sufferance, as Article 7 does not explicitly provide for such proceedings. The court emphasized that statutes in derogation of common law must be strictly construed. The decision directs the landlord to pursue an ejectment action under RPAPL Article 6 in Supreme Court, likely requiring a six-month notice.
Keywords
No-Grounds Holdover Purporting to Terminate Tenancy at Sufferance Dismissed for Lack of Subject Matter Jurisdiction, RPL § 228, Housing Court Lacks Jurisdiction Under RPAPL Article 7, Petitioner May Commence Ejectment Action RPAPL Article 6 After Providing 6 Month Notice Required Under Common Law
Recommended Citation
"Gomez v. Gomez" (2026). All Decisions. 2098.
https://ir.lawnet.fordham.edu/housing_court_all/2098
