Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)

Citation: Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Parent Document: Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Jurisdiction: New York (state)
Effective Date: 2012-02-29
Original Source: https://www.courtlistener.com/opinion/6313383/golden-mountain-realty-inc-v-severino/ ↗

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Following these guidelines it would seem reasonable to hold that the statute means what it says when it states that no eviction of a “tenant” may take place without a certificate of eviction being issued unless it is pursuant to a basis provided in 9 NYCRR 2204.2 (9 NYCRR 2204.4 [a]). Given that the clear intent of the statute is to protect family members from a sudden eviction after the death of a tenant of record, there is no basis to conclude that a landlord can ignore such language or that the legislature intended these family members to be subject to a quicker process of eviction through a summary proceeding based only on the issuance of a notice to quit under RPAPL 713.

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