DHCR Before Commencing a Rent Control Licensee Holdover? Another Judge Says No

This author has written two previous posts commenting on an extraordinary decision rendered by Housing Court Judge Sabrina Kraus called Golden Mountain Realty Inc. v Severino, 2012 NY Slip Op 22048, 939 NYS2d 835 [Civ Ct NY Co, February 29, 2012]. In each of my previous posts I have noted that the decision is directly contrary to an Appellate Term, First Department decision.

Another Housing Court judge has faced the issue confronted by Judge Kraus and has rejected the reasoning she employed. In the case of 1504 Associates v. Wescott, 2012 NY Slip Op 51002(U) [Civ Ct NY Co, June 6, 2012] Judge Laurie L. Lau held that she was bound by the precedent of the Appellate Term expressly rejecting the reasoning embraced by Judge Kraus and she also cited many, many appellate cases endorsing the concept of a licensee holdover proceeding being the correct vehicle in respect of acting against a remaining occupant of a rent control apartment vacated by the tenant of record.

It suffices to state that other judges of the Housing Court seem to be rejecting the argument made by Judge Kraus. The author represented the Petitioner in the Wescott case.