Case Type

Holdover-Non-primary Residence

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

73483/2016

Petitioner

86 West Holdings LLC

Respondent

Harbinder Singh, John Doe

Judge

Stoller, Jack

Decision/Order Date

2026-01-28

Posture

Other

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In a non-primary residence holdover, the court upheld the successor-tenant's succession claim after a seven-day trial. The landlord sought possession alleging the tenant of record failed to maintain primary residence. The key legal issue involved the successor-tenant's two periods of incarceration, which the court determined did not interrupt the required two-year co-residency period for succession under Rent Stabilization Law §2523.5(b)(3)(iii). The court found the successor-tenant proved co-residency with the tenant of record from 2010 through December 31, 2014, and dismissed the landlord's petition with prejudice, granting judgment for the successor-tenant.

Keywords

Nonprimary Residence Holdover; Succession Rights; Incarceration As Excusable Temporary Absence Tolling Requisite Time Period; Third Lenox Applied

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