Tivoli Bi LLC v. Clarke

KINGS COUNTY
Landlord/Tenant Law

New York Law Journal

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Judge Marcia Sikowitz

Landlord commenced this non-payment action against tenant Clarke stating Clarke received a subsidy under 12 USC 1701s and that the monthly rent was $1,623 under a written lease. It claimed Clarke owed rent from December 2011 through September 2012, and monthly surcharges from October 2011 through August 2012. Clarke filed an oral answer, and now, represented by counsel, sought summary judgment claiming there was no landlord-tenant relationship. Clarke resided in the premises since childhood with his mother, who subsequently vacated. HPD noted it awarded Clarke succession rights to the subject apartment, but stated despite repeated requests to complete his recertification, Clarke has failed to do so. The court noted it was undisputed there was no lease between the parties, nor an agreement on the monthly rent due and owing. It concluded that as there was no written lease, despite the petition claiming one, and no landlord-tenant relationship between the parties, nor an agreed upon rent, landlord may have a remedy in a holdover proceeding, but a non-payment proceeding could not stand. The court noted a successor in interest was not a tenant in the absence of a lease, granting Clarke dismissal.

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