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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*357The Bromer court held that it did not construe 9 NYCRR 2204.6 (d) (1) “as precluding a court of competent jurisdiction, such as the Civil Court, from adjudicating these claims in the first instance when a holdover proceeding has been brought” (Bromer at 203). Justice Kristin Booth Glen issued a dissenting opinion in Bromer. In her dissent Justice Glen notes that “[t]he death of a rent-controlled tenant does not . . . automatically authorize a landlord to commence licensee holdover proceedings against alleged remaining family members” (id. at 204). Citing the specific statutory language referenced above broadly defining “tenant” under the rent control statute and requiring that a certificate of eviction be obtained as well as the holdings of Herzog v Joy and Sohn v Calderon, Justice Glen concluded that a certificate of eviction was a necessary prerequisite, where the landlord sought to evict family members remaining in occupancy after the death of a tenant of record.

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