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

L&T 300092/24

Slip Opinion Number

2026 NY Slip Op 31068(U)

Petitioner

Jober Upper Fifth Ave. LLC

Respondent

Michael Williams, Kimberly Bivens, John Doe

Judge

Ortiz, Frances A.

Decision/Order Date

2026-03-24

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this non-primary residence holdover proceeding, the landlord sought possession against the tenant of record, Michael Williams, who had permanently vacated to a nursing home, and undertenant Kimberly Bivens. Bivens asserted succession rights as a non-traditional family member. The court found that Bivens credibly established both an emotional and financial commitment with the former tenant for over 14 years and co-residency for the statutory period. Her documentary and testimonial evidence, including a shared bank account and healthcare proxy, were unrebutted. Consequently, the court granted Bivens succession rights, dismissed the petition against her, and ordered the landlord to issue her a Rent Stabilized renewal lease, also granting her counterclaim for an Order to Correct HPD violations.

Keywords

Nonprime/Succession; Braschi

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