Case Type

Holdover-Licensee

Housing Type

Project Based Section 8

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-307393-25/KI

Slip Opinion Number

2026 NY Slip Op 32097(U)

Petitioner

Brooklyn Housing Preservation LP

Respondent

Juna A. Walls

Judge

Slutzky, Elyssa O.

Decision/Order Date

2026-06-23

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover involving a RAD/PACT apartment, tenant — claiming succession rights as a remaining family member — moved to stay the proceeding pending an Article 78 proceeding in Supreme Court challenging NYCHA's denial of her Remaining Family Member Grievance. The court granted a stay pursuant to CPLR §2201, finding the equities heavily favored tenant, who would suffer irreparable harm if evicted before resolution of the Article 78, and that housing court lacked authority to grant succession relief. Stay conditioned on payment of use and occupancy pendente lite.

Keywords

CPLR 2201; Motion To Stay The Proceedings Pending Article 78 Proceeding; RAD/PACT Apartment; Remaining Family Member Grievance; Weighing Of Equities; Court Grants Stay Of Proceedings; Court Orders Respondent To Pay Use And Occupancy Pendente Lite

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