DECISION/ORDER Petitioner commenced this holdover proceeding to recover possession of apartment 3-O located at 2321 7th Avenue, New York, New York 10030. Petitioner seeks possession on the ground that respondents1 are licensees/squatters of the tenant of record, Jacqueline Staley, which terminated upon her death. The petition provides the premises are not subject to rent control, rent stabilization or the Omnibus Housing Act of 1983 as amended. The premises are contained in a subsidized multi-family housing project regulated by the Department of Housing and Urban Development (“HUD”) pursuant to the National Housing Act (12 US Code Anno. 1701 Et. Seq.). & U.S. Housing Act of 1937 (42 US Code 1437 et. seq), and the premises are under a Section 8 program supervised by the rules and regulations of HUD. The proceeding first appeared on the court’s calendar on March 31, 2023, and adjourned to April 4, 2023. On April 4, 2023, the proceeding was adjourned to June 13, 2023, for respondent to go through intake and to referred to Adult Protective Services (“APS”). The proceeding was adjourned several additional times for APS to complete their assessment. On August 23, 2024, APS informed the court they completed their assessment of respondent and recommended a Guardian Ad Litem (“GAL”), financial management, and CITY FHEPS if respondent was granted a lease. The case was then marked off calendar for discovery, respondent orally answered raising a defense of succession, and the court appointed a GAL for respondent. On September 6, 2023, Ella Arolovich was appointed Clarence Staley’s GAL. On February 5, 2024, petitioner moved to restore the proceeding to the court’s calendar for trial, returnable February 29, 2024. On February 29, 2024, petitioner’s motion to restore was granted and the proceeding transferred to Part X for trial. On February 29, 2024, the proceeding was adjourned to April 4, 2024, to allow the GAL to seek counsel for the respondent. On July 1, 2024, Mobilization for Justice, Inc. filed a Notice of Appearance on behalf of the respondent. On July 8, 2024, the attorneys entered a stipulation adjourning the trial to October 31, 2024, respondent consented to petitioner’s prima facie case, and petitioner consented to admission of respondent’s documentary evidence. On October 31, 2024, the proceeding was adjourned to November 14, 2024. The court conducted a trial on November 14, 2024, at which time the court replaced respondent’s GAL and appointed Della DeKay. The trial continued November 17, 2024. The parties stipulated to petitioner’s prima facie case and admitted into evidence was the certified deed (P1); the certified multiple dwelling registration (P2), the nominee agreement between Audubon TP4 Housing Development Fund Corporation and Audubon TP4 LLC (P3); the regulatory agreement between the City of New York, Audubon TP4 LLC, and Audubon TP4 Housing Development Fund Corporation (P4); the amended regulatory agreement (P5); Jacqueline Staley’s last lease for the period of September 1, 2021 through August 31, 2022 listing only her on the household composition (P6); and Jacqueline Staley’s death certificate indicating her date of death as October 25, 2022 (P7). Respondent testified and stated his name is Clarence Inman and not Clarence Staley. Mr. Inman credibly testified, he is Jacqueline Staley’s son and has been living in the apartment since, he was born. “I have been living there since I came out her stomach.” Admitted into evidence was respondent’s birth certificate (RA) listing Jacqueline Staley as his mother, and his date of birth as July 30, 1985. The birth certificate also shows the subject premises as Ms. Staley’s residence. Mr. Inman testified he has been working at Bellevue Hospital for eighteen (18) years and introduced into evidence his pay stubs from December 22, 2019 through December 23, 2021. (RC and C1); 2019, 2020, and 2021 W-2′s with the subject apartment (RD). Respondent’s tax returns for 2022 and 2023 were admitted into evidence (RE); respondent’s Municipal Credit Union statements from January 2022 through December 2022 (RF); and statements from November 2020 through December 2021 (RF1). Respondent also admitted his life insurance policy statements from Security Mutual Life Insurance Company from September 2020 through June 2023 (RG); and Emblem Health statements from January 2020 through September 2021 (RH). Respondent testified his mother took care of all the paperwork for the apartment and admitted his mother took him off the lease because the rent was too high. On cross-examination respondent testified that his cousin visits him but does not live in the apartment, as well as his neighbor Kathy who lives on the third floor. Respondent produced his New York State Identification Card issued on October 6, 2022, with the subject address (RG). Respondent testified he went to school in the area, his mom would cook and clean and he would go shopping with his mother and bring the rent to the management office. Respondent testified management knew who he was as well as the superintendent, Kenny. He has a brother who lived in the apartment but moved out some time ago and since his mother passed away, he has been living alone in the apartment. Respondent called Howard Staley to testify. Mr. Staley credibly testified respondent is his cousin and Jacqueline Staley was his aunt. He checks on respondent two to three times a week to make sure he is ok and hang out with him after work. Mr. Staley testified he stayed in the apartment a year and a half before his aunt passed away because his aunt suffered multiple strokes, the first one in 2020, which left her barely able to hear or walk. Mr. Staley testified he took his aunt shopping, and she would fill out the recertification paperwork, place it in an envelope, seal it, and he would bring it to the office. On cross-examination Mr. Staley testified he lived in the apartment a year and a half before Ms. Staley’s death, Mr. Staley stated Clarence is known in the community, has been working since he was 19 years old, and he took good care of his mother. Mr. Staley added that Clarence takes care of himself, receives his own paycheck, and his brother and niece also check on him to make sure he is alright. Respondent also called his brother Gerhart Staley, to testify. Mr. Staley credibly testified he lived with his mother and brother in the subject apartment from the age of seven until he was 19 when he moved out to live with his fiance in the Bronx. He is now 47 years old and lived in the apartment with his mother and brother in the 2000′s. After he moved out, Mr. Staley testified he would visit his mother and brother every day to check on them and his brother who attended a special school because he has a learning disability. Mr. Staley testified; his brother works at Bellevue Hospital which started off as a volunteer job then they hired him. His mother suffered two strokes, resulting in a loss of hearing and difficulty walking. Mr. Staley would bring his mother food and his brother would be hanging out in his room if he was not working. Mr. Staley testified his mother look care of recertification and income documents, he would get the money orders for the rent and his cousin, Howard Staley, would take it to management. Mr. Staley testified that he does not visit his brother as frequently as before but checks on him two to three times a week. On Cross-examination Mr. Staley testified no one else lives in the apartment with his brother and in response to Ms. DeKay’s question Mr. Staley testified he will help his brother stay in his apartment and take care of his bills. DECISION: RPAPL section 713 provides that a special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds (3) he or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocations given to the person to be removed. RPAPL section 713 (7) further provides that as special proceeding may be maintained against a licensee of the person entitled to possession of the property at the time of the license, and (a) his license has expired, or (b) his license has been removed by the licensor, or (c) the licensor is no longer entitled to possession of the property, provided, however, that a mortgagee or vendee in possession shall not be deemed to be a licensee within the meaning of this subdivision. The apartment is subsidized housing subject to HUD rules and regulations, which provides that an occupant seeking succession “be a party to the lease when the family member leaves the unit. The failure to list the name on the recertification is one factor to be considered in determining succession. A landlord may not invoke the absence of the occupant’s name on the lease as a basis for denying him succession rights. In 2013 Amsterdam Ave. Hous. Assoc. v. Estate of Wells, 10 Misc.3d 142(A) (1st Dept. 2006), the court held that the absence of a remaining family member’s name on the lease or recertification documents was not fatal to a succession rights claim, where the remaining family member could establish a bona fide co-occupancy for two years, with the tenant of record at the time of the latter’s death. Matter of Manhattan Plaza Assoc., LP v. Department of Hous. Preserv & Dev. Of City of NY, 8 AD3rd 111 (1st Dept. 2004).2 Here, there is no dispute that respondent is the son of the deceased tenant of record, Jacqueline Staley, and there is no dispute that respondent was not listed on the household composition or was on the recertification. Ms. Staley passed away on October 25, 2022, the respondent would have to show by the preponderance of the evidence that he resided with his mother in the apartment for the period October 25, 2020 through October 25, 2022. Based upon the credible testimony of respondent, his cousin, Howard Staley, and his brother, Gerhart Staley, as well as the documentary evidence admitted into evidence including respondent’s Municipal Credit Union statements, health documents, W-2 forms, and tax documents, respondent established his co-residency with his mother at least two years prior to her death as the evidence shows he was born in the apartment and lived there his entire life. Petitioner has proven it is the owner of the building which has a current Multiple Dwelling Registration, is subject to HUD, the tenant of record, Jacqueline Staley passed away, and respondent Clarence Inman was not listed on the recertification documents. Respondent has proven his defense that he is entitled to succeed to his mother’s tenancy, and is therefore, not a licensee as defined in RPAPL section 713(7) which was the basis of this proceeding, requiring dismissal of the petition. Accordingly, the proceeding is dismissed. Petitioner to serve a copy of this order on respondent and the GAL with Notice of Entry by November 26, 2024, and upload proof of service. The court will also mail a copy of this decision to respondent, the GAL, and upload to NYSECF. This constitutes the decision and order of the court. The parties may retrieve their exhibits in Part S in room 1164(b) which will be retained for thirty (30) days. Dated: November 20, 2024
