Defrauded Landlord Can't Evict Tenants

December 1, 2005

LVT Number: 18485

Landlord's executor sued to eject five rent-stabilized tenants. Landlord, an elderly woman, had transferred the building to new landlord. New landlord rented the apartments to tenants. After landlord died, her executor sued new landlord, claiming that the sale of the building was fraudulent. The court had ruled for the executor in its claim against new landlord. In the ejectment cases, the executor claimed that since new landlord never properly owned the building, the leases it entered with tenants were void. The court ruled against landlord's executor.

Landlord's executor sued to eject five rent-stabilized tenants. Landlord, an elderly woman, had transferred the building to new landlord. New landlord rented the apartments to tenants. After landlord died, her executor sued new landlord, claiming that the sale of the building was fraudulent. The court had ruled for the executor in its claim against new landlord. In the ejectment cases, the executor claimed that since new landlord never properly owned the building, the leases it entered with tenants were void. The court ruled against landlord's executor. Tenants weren't involved in the fraudulent transfer of the building. They were entitled to remain in possession under the Rent Stabilization Law.

SFK Realty LLC v. Breslin: NYLJ, 11/23/05, p. 26, col. 1 (Sup. Ct. NY; Lehner, J)

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