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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The requirement that a landlord first obtain a certificate of eviction in circumstances such as the case at bar was noted by the Appellate Division in Matter of Herzog v Joy (74 AD2d 372 [1980], affd 53 NY2d 821 [1981]) in a decision affirmed by the Court of Appeals. In Herzog the original tenant of the rent-controlled apartment took occupancy in 1967, and her sister moved into the apartment in 1972; a year later the original tenant moved out. The landlord applied to the agency for an order of decontrol based on the original tenant’s failure to maintain the apartment as her primary residence. The agency denied the landlord’s application finding that the sister was the “tenant” in possession. The Court relied upon former section 56 (a) of the City Rent Regulations which contained nearly identical language to the amended provision found in 2204.6 (a).

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