Case Type

Holdover-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

66432/2019

Petitioner

302 MOTT STREET LLC

Respondent

GERALDINE BRESLER

Judge

Stoller, Jack

Decision/Order Date

2026-05-12

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover-licensee proceeding, the landlord sought possession of a rent-stabilized apartment. The tenant asserted succession rights as a non-traditional family member of the deceased prior tenant. Despite the absence of documentary evidence like joint bank accounts or wills, the court found the tenant proved the requisite family member relationship and co-residency through compelling testimony from four disinterested witnesses. The court determined that two years of signing lease renewals in the prior tenant's name after his death did not prejudice the landlord, especially given a 2023 amendment to the Public Housing Law. The court dismissed the proceeding with prejudice, finding the tenant prevailed on her succession defense.

Keywords

Succession; Braschi/Nontraditional Family Member; Family Member Relationship & Co-Residency Proved by Testimony of Multiple Disinterested Witness Despite; Permanent Vacatur Date of Prior Tenant Unaffected by Signing of Lease Renewals After Vacatur Under 2023 Amendment to Public Housing Law

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