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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*355The Court noted in its decision the broad scope of the definition of “tenant” under rent control. The Court noted that the Supreme Court had erred in the CPLR article 78 proceeding in finding the remaining sister did not qualify as a tenant because she did not pay rent to her sister or the landlord . Most significantly, the Appellate Division noted that the City Rent Regulations “mandate[ ] the issuance of a certificate of eviction” (id. at 375) for the landlord to recover possession (see also Birch v Lynch, 154 NYS2d 333 [App Term, 1st Dept 1956] [statute required a certificate of eviction be issued prior to commencement of summary proceedings]; Fisher v Velasquez, 126 Misc 2d 24 [Civ Ct, Kings County 1984] [certificate of eviction is petitioner’s jurisdictional prerequisite for commencing a summary holdover proceeding and a necessary element to obtaining a final judgment of possession]; Stephen Estates, Inc. v Kaplan, 198 Misc 948 [1950] [certificate of eviction was necessary prerequisite to eviction proceeding]; Washington Green Apts. v Busalacchi, 11 AD2d 1007 [1st Dept 1960] [where housing accommodation was subject to rent control court had no jurisdiction to order eviction in absence of certificate of eviction]).

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