Case Type

Holdover

Holdover Type

Licensee

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

57569/2017

Petitioner

ABACUS CLINTON LLC

Respondent

ISIDRO RAMOS

Judge

Stoller, Jack

Decision/Order Date

2018-04-24

Posture

Post-trial Decision

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord brought a holdover claiming that respondent was not a tenant, but a licensee of a previous phony landlord. Eventually building purchased by new private landlord. The landlord demanded rent from the tenant, accepted payment, registered the tenant as a rent-stabilized tenant with DHCR, joined tenant to an HP proceeding, offered tenant a rent-stabilized lease, and initiated a nonpayment proceeding. None of these acts would be independently sufficient to establish a landlord-tenant relationship, but collectively they do and so respondent is not a licensee subject to termination, but a tenant.

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