Case Type

Holdover-Other

Housing Type

Other

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

L&T 307406-24

Slip Opinion Number

2026 NY Slip Op 30005(U)

Petitioner

HOFGUR LLC DBA QUEENS ADULT CARE CENTER

Respondent

BOBBY RUCKER

Judge

Schiff, Logan, J.

Decision/Order Date

2026-01-13

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding against an adult care facility resident, the court granted the tenant's guardian ad litem's post-judgment motion. The motion sought to stay execution of the warrant of eviction. The court stayed the warrant, conditioning its future execution on the landlord proving compliance with Department of Health regulations 18 NYCRR 487.4(m) and 18 NYCRR 487.5(f)(19). These regulations mandate that the landlord make persistent efforts to assist the tenant in securing appropriate alternative placement at a higher level of care, including filing five applications with other facilities.

Keywords

Adult Care Facility; Landlord’s Duty To Assist In Relocating Tenant To Higher Level Of Care; 18 NYCRR 487.4; 18 NYCRR 487.5

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