Licensee Remaining After Housing Program Participant Died Has No Succession Rights
LVT Number: #33171
A not-for-profit organization that provided supportive housing to its program members was the rent-stabilized tenant of an apartment that it subleased to its licensee program member. When the program member died, tenant sued to evict a remaining occupant in the apartment, in order to provide the apartment again to a qualifying program participant. The occupant asked the court to dismiss the case, claiming succession rights to the unit. The court ruled for tenant and denied occupant's motion to dismiss. The occupant argued that amendments to the RSL by HSTPA in 2019 gave program participants rent-stabilized tenancy rights and therefore occupant could claim succession rights to the deceased participant's rent-regulated tenancy. But the court found that these amendments didn't apply to make occupants in a scatter site program "tenants." It would be an error to accept the apartment occupant as a tenant.
St. Nick's Alliance, LLV c. Cordero: Index No. LT-319605/2022, 2024 NY Slip Op 24089, NYLJ No. 1710402936 (Civ. Ct. Kings; 3/11/24; Bacdayan, J)