Landlord Brings Improper Proceeding Against Tenant's Children

After rent-stabilized tenant died, tenant's son and daughter claimed succession rights and asked landlord for a renewal lease. Landlord instead offered them a vacancy lease, which they refused to sign. Landlord then sued to evict them after sending a 10-day notice to quit. Landlord claimed that the brother and sister were second successors because tenant herself (their mother) had been a successor tenant to her mother. The court ruled for the brother and sister, and ordered landlord to offer them a renewal lease as first successors.

Landlord appealed and lost. The appeals court found that landlord had already acknowledged the succession claim by offering the vacancy lease, so landlord incorrectly sued to evict them as licensees. But the part of the children's motion that asked the court to direct landlord to offer them a renewal lease without a vacancy increase must be dismissed because Civil Court didn't have jurisdiction to grant that relief. Landlord's case was dismissed for failure to state a cause of action.

Jamaica Seven, LLC v. Villa: Index No. 2018-1773QC, 2020 NY Slip Op 50630(U)(App. T. 2 Dept.; 5/29/20; Aliotta, PJ, Weston, Siegal, JJ)