Bromer v. Rosensweig

The issue here is whether the licensee holdover proceeding was properly dismissed on the ground that the landlord failed to secure a certificate of eviction from the New York State Division of Housing and Community Renewal (DHCR). Claiming succession rights, respondent Gloria Rosensweig alleges she is the niece of the rent-controlled tenant who died. It is uncontested that the landlord did not secure, nor seek, a certificate of eviction from DHCR. I dissent and vote to affirm because the failure to do so was fatal to the proceeding below.

Generally, a statutory tenancy, that is a…