Case Type

Holdover-Lease Expiration

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

LT-315842-24/NY

Slip Opinion Number

2026 NY Slip Op 32139(U)

Petitioner

Vima Group Inc.

Respondent

Hongwei Zhang, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-07-14

Posture

Post-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court granted landlord's motion to amend petition to allege the small landlord exemption from GCEL and granted DHCR's motion to quash landlord's subpoena, but granted tenant's summary judgment motion and dismissed the petition because the apartment is presumptively rent stabilized under ETPA as it is in a building built before January 1, 1974 containing at least six residential units, and landlord failed to properly plead a recognized exemption from rent stabilization or a ground for eviction under the Rent Stabilization Code.

Keywords

Landlord Allowed to Amend Holdover Petition to Claim Small Landlord Exemption from GCEL – Landlord's Subpoena to DHCR Quashed – Proceeding Dismissed Because Apartment is Presumptively Subject to Rent Stabilization – Under ETPA Apartments in Buildings Containing 6 or More Units and Built Before 1974 are Presumptively Rent Stabilized

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