Landlord sued to evict rent-stabilized tenant and tenant’s stepson based on tenant’s nonprimary residence. The court ruled for landlord. The stepson, who claimed succession rights, appealed and the Appellate Term reopened the case, finding that the stepson’s mother had been a co-tenant until she died in December 2014 and that she primarily resided in the […]

The niece of a Mitchell-Lama tenant who claimed succession rights to tenant’s apartment filed an Article 78 court appeal of a DHCR decision denying the daughter’s claim. The court and appeals court ruled against the daughter. The DHCR had a rational basis for its ruling that the daughter and her child didn’t have succession rights. […]

The son of a rent-controlled tenant applied to the DHCR in 2020 for a ruling that he had succession rights to tenant’s apartment after tenant died in 2017. The DRA ruled in 2020 that the son had succession rights and that, pursuant to the HSTPA, landlord wasn’t entitled to a 20 percent vacancy increase. Landlord […]

Landlord sued to evict rent-controlled tenant’s son after purchasing the building in 2016 and discovering that the tenant had died in a nursing home in 2011. Tenant’s son claimed succession rights to the apartment and asked the court to decide the case without trial. The court ruled for the son. The son claimed that he […]

An apartment occupant filed a lease violation complaint with the DHCR, claiming that landlord failed to renew the prior tenant’s lease in occupant’s name after tenant died. The occupant claimed that she was tenant’s domestic partner and had succession rights. The DRA terminated the proceeding because the occupant had now moved out of the building. […]

Apartment occupant applied to the DHCR for a ruling that she had succession rights to the rent-controlled apartment of the deceased tenant, who was occupant’s mother The DRA ruled for the occupant-daughter, finding that the daughter was disabled and had met the one-year occupancy requirement prior to tenant’s death to qualify for succession rights. Landlord […]

Landlord sued to evict apartment occupant, claiming that she was a licensee who no longer had any right to remain in a rent-stabilized apartment that received a Low-Income Housing Tax Credit (LIHTC) overseen by the DHCR and that had been vacated by tenant. The occupant asked the court to rule that the minor son she […]

Landlord sued to evict apartment occupant after the co-op apartment’s proprietary lessee died. The occupant claimed that he had succession rights as a nontraditional family member. The court ruled for landlord, finding that the occupant didn’t qualify as a nontraditional family member. On appeal, the occupant didn’t challenge the trial court’s ruling but argued instead […]

A subsidized apartment occupant, who claimed to be the nontraditional family member of a tenant who had moved out of the unit, submitted a succession claim to HPD, who ruled against him. The occupant then filed an Article 78 court appeal of HPD’s decision and lost. The occupant had claimed that he was the tenant’s […]

Landlord sued to evict an apartment licensee, claiming that the license had been revoked and that the licensee had no right to continue living in the apartment of his now-deceased father, who had been the building owner. In a prior holdover proceeding between the parties, the case was dismissed  because no landlord-tenant relationship was found between the parties.