Landlord Denied Request to Transfer Apartment to Family Member

July 24, 2015

LVT Number: #26314

Landlord cooperative corporation sued to evict shareholder tenants for assigning their proprietary lease and co-op shares to their son in violation of their lease. The court granted tenant’s request to dismiss the case. Landlord appealed, and the case was reopened. There were questions of fact requiring a trial, including whether tenants complied with the proprietary lease requirements when they sought to assign their lease to their son, whether the son was a financially responsible individual, and, if so, whether landlord unreasonably withheld consent to the assignment.

Landlord cooperative corporation sued to evict shareholder tenants for assigning their proprietary lease and co-op shares to their son in violation of their lease. The court granted tenant’s request to dismiss the case. Landlord appealed, and the case was reopened. There were questions of fact requiring a trial, including whether tenants complied with the proprietary lease requirements when they sought to assign their lease to their son, whether the son was a financially responsible individual, and, if so, whether landlord unreasonably withheld consent to the assignment.

 

 

14 Morningside Avenue HDFC v. Smalls: 48 Misc.3d 128(A), 2015 NY Slip Op 50949(U) (App. T. 1 Dept.; 6/25/15; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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