Landlord's Nonprimary Residence Holdover Dismissed After Tenant Died

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, attorneys for occupant.)

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant died while the case was pending in housing court, and landlord asked for permission to serve an amended notice and holdover petition in order to join a new apartment occupant to the case. The occupant claimed that she was tenant's daughter and had moved in after landlord started the court case. The court ruled for landlord. The daughter then asked to reargue, claiming that the court's decision was improper.

The court ruled in the daughter's favor. It had overlooked the fact that landlord's proposed amended pleading changed the nature of the eviction proceeding from a nonprimary residence case to a licensee holdover proceeding. Once the predicate notice was served on tenant, the theory of the eviction can't be changed. The case against the daughter must be dismissed, but landlord could start a proper eviction proceeding against her.

DMC Corp. v. Bugdady: Index No. 84236/13 (Civ. Ct. Kings; 2/21/20; McClanahan, J)