Recitation, as required by CPLR 2219 (a) of the papers considered in review of this motion by NYSCEF Doc Nos.: 19-39. DECISION/ORDER PROCEDURAL POSTURE AND ARGUMENTS This is a licensee holdover proceeding commenced by petitioner against Carlos M. Cordero, Jr. (“respondent”), after the death of Janet Morales (“Morales”) who is described in the petition as the authorized licensee of the subject premises. (NYSCEF Doc No. 1, petition at
2-3.) Prior to commencing the instant proceeding, petitioner served respondent with a ten (10) day notice of termination of license and/or notice to quit, whereby petitioner asserted Morales had passed away and that “[a]t best, [respondent] was a licensee of Morales and his license expired upon Morales’s death.” (NYSCEF Doc No. 1 at 7-8, notice of termination/notice to quit.) The predicate notice also states petitioner is “a not-for-profit organization which provides supportive housing,” that petitioner “is the rent-stabilized tenant in legal possession of the apartment,” that “[petitioner] subleases and/or licenses the apartment to participants in its program,” and that “[t]he occupants do not have rent stabilization rights….” (Id.; see also petition at 8.) The proceeding was first noticed to be heard on October 11, 2022. The Legal Aid Society (“LAS”) filed a notice of appearance for respondent on the November 14, 2022 adjournment date; the court adjourned the proceeding “[o]ver [p]etitioner’s strenuous objections” to December 14, 2022, for respondent to file an answer or any motions. (NYSCEF Doc No. 6, November 14, 2022 decision/order.) Respondent filed an attorney answer on December 14, 2022, which asserted four objections in law (improper service of the notice of petition and petition1; defective predicate notice; failure to state a cause of action; and lack of legal capacity to bring proceeding) and four affirmative defenses (succession rights; entitlement to reasonable accommodation, “which may include, but is not limited to, a stay of the warrant of eviction until [r]espondent is able to obtain a suitable apartment necessary to support his disabilities”; retaliatory eviction; and breach of the warranty of habitability). (NYSCEF Doc No. 7, answer.) On December 14, 2022, the court administratively stayed the proceeding due to respondent’s then-pending Emergency Rental Assistance Program (“ERAP”) application. After the parties consented to granting petitioner’s motion to vacate the ERAP stay on July 5, 2023, respondent filed a motion on October 7, 2023, seeking either dismissal pursuant to CPLR 3211 [a] [7], or summary judgment on respondent’s defense that petitioner failed to state the facts upon which the proceeding is based pursuant to Real Property Actions and Proceedings Law (“RPAPL”) §741. (NYSCEF Doc No. 19, notice of motion [sequence 2].) Respondent argues that pursuant to Part J of the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”) and Rent Stabilization Code (“RSC”) (9 NYCRR) §2520.11 (f), Morales was herself a rent-stabilized tenant of the subject premises because she was an “affiliated subtenant[] authorized to use [the subject premises] by [petitioner].” (NYSCEF Doc No. 20, respondent’s attorney’s affirmation
