Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570390/26
Slip Opinion Number
2026 NY Slip Op 50749(U)
Petitioner
ACP 150 West End Avenue Associates L.P.
Respondent
Josiane Hird, "John Doe", "Jane Doe"
Judge
James, Brigantti, Perez
Decision/Order Date
2026-05-18
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover proceeding, the landlord appealed a trial court judgment dismissing its petition and granting the tenant succession rights to a rent-stabilized apartment as a nontraditional family member. The Appellate Term affirmed, finding ample evidence that the tenant was the deceased tenant's long-term romantic partner and had co-resided since 1999, sharing expenses and a business. The court upheld the finding that the tenant of record's temporary relocation for cancer treatment did not interrupt the co-residency requirement, as there was an expectation he would return. The appellate court also deferred to the trial court's credibility findings, which favored the tenant.
Keywords
Licensee Holdover; Succession; Nontraditional Family Member; Succession Granted After Trial; Appellate Court Upholds Trial Court’s Findings Of Credibility
Recommended Citation
"ACP 150 West End Avenue Associates L.P. v. Hird" (2026). All Decisions. 2208.
https://ir.lawnet.fordham.edu/housing_court_all/2208
