Velicky v. CopyCat Building LLCAnnotate this Case
The Supreme Court determined that the Legislature, through its enactment of a comprehensive statutory framework governing residential landlord and tenant relations, achieved an appropriate balance between a landlord's right to recover a landlord's property interest at the conclusion of a tenancy and a tenant's right to safe and habitable housing conditions during the pregnancy.
After Plaintiff provided Defendants, who resided in Plaintiff's building as a month-to-month tenants, with a sixty-day written notice to quit and Defendants refused to vacate the premises, Plaintiff filed tenant holding over actions under N.Y. Real Prop. 8-402. In both cases, the circuit ordered that possession of the property be returned to Plaintiff. Defendants filed a petition for writ of certiorari asking the Supreme Court to hold that the tenants holding over statute is unavailable to an unlicensed landlord seeking a writ of possession of the landlord's property after the expiration of a tenancy. The Supreme Court declined to adopt such a holding and affirmed.