Daughters Can't Get Rent-Stabilized Apartment

(Decision submitted by Kirk Karabelas, Esq. of the Long Island City law firm of Karabelas & Papagianopoulos LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant's daughters after tenant moved out and her lease had expired. One of the daughters asked the court to delay the court proceeding until the DHCR ruled on a complaint filed with the DHCR concerning landlord's failure to offer her a renewal lease as a successor tenant. But the DHCR terminated its own proceeding based on the pending court case. Landlord asked the court to rule in its favor without a trial.

The court ruled for landlord. Tenant moved out of the apartment in 2003 and moved into the building next door. But she continued to visit her daughters in the apartment for 13 years, signed renewal leases, and paid the rent in her name. In 2016, tenant admitted to landlord in a letter that she had moved out, and asked landlord to give her daughters a renewal lease. So, looking back for two years from the date that tenant surrendered possession, the daughters didn't primarily reside in the apartment with tenant during that time. Therefore, they couldn't claim succession rights. Also, tenant's concealment or misrepresentation concerning her own occupancy for an extended period was sufficient to show intent to defraud and resulted in unfair prejudice to landlord. 

GVS Properties IV, LLC v. Marte: Index No. 62014/18 (Civ. Ct. NY; 3/26/19; Thermos, J) [9-pg. doc.]