Must a Landlord Seek a Certificate of Eviction from DHCR Prior to Commencing a Licensee Holdover Proceeding? - A Contrary View

This author had a blog post several weeks ago discussing a decision/order rendered by Judge Sabrina Kraus in a case called Golden Mountain Realty v. Severino (72263/2011) in which Judge Kraus reached the extraordinary conclusion that prior to commencing a licensee holdover proceeding against a rent control tenant that the landlord had to first resort to obtaining a certificate of eviction from DHCR. If Judge Kraus's decision/order held sway there would be a tremendous disruption in the way that many summary proceedings would be litigated.In discussing Judge Kraus's decision/order I pointed out that her decision/order seemed to be entirely contrary to an Appellate Term, First Department decision called Bromer v. Ronsesweig, 166 Misc.2d 201 (1st Dept. App.Term 1995). As the Appellate Term is the court that sits above the Civil Court - and not below it - Judge Kraus's decision was a remarkable departure from the concept of stare decisis and the basic rules of jurisprudence. Not surprisingly many attorneys have sought to have properly commenced summary proceedings dismissed relying upon Judge Kraus's decision/order. One such case was recently argued before Housing Court Judge Arlene Hahn. Precisely the same issue was argued to Judge Hahn as had been argued to Judge Kraus. Judge Hahn wrote that she was bound to follow the mandatory authority from the Appellate Term and ruled that a landlord need not obtain a certificate of eviction prior to commencing a licensee holdover proceeding in respect of a rent control apartment. Curious readers can find the case of SMG 91 LLC v. Collins, Index No. L&T 72710/2011. The author represented the Petitioner in SMG 91 LLC v. Collins.