Rent-Controlled Tenant's Granddaughter Claims Succession Rights

LVT Number: #31211

Landlord sent the granddaughter of deceased rent-controlled tenant a notice to quit tenant's apartment, claiming that she had moved in after tenant died. The granddaughter then sued landlord, seeking a permanent injunction barring landlord from evicting her from the apartment. She claimed that she lived in the apartment with tenant from August 2016 until November 2018, when tenant died. Although landlord claimed to own the building, the granddaughter claimed that landlord wasn't the lawful building owner.

Landlord sent the granddaughter of deceased rent-controlled tenant a notice to quit tenant's apartment, claiming that she had moved in after tenant died. The granddaughter then sued landlord, seeking a permanent injunction barring landlord from evicting her from the apartment. She claimed that she lived in the apartment with tenant from August 2016 until November 2018, when tenant died. Although landlord claimed to own the building, the granddaughter claimed that landlord wasn't the lawful building owner. The court dismissed the claim that landlord wasn't the lawful building owner. In two prior court actions, courts found that landlord was the owner. Those decisions were binding in this case. So, the occupant failed to show that landlord had no authority to issue the notice to quit. Pretrial questioning would be scheduled for determination of the succession claim.  

Kelley v. Stahl Assoc. LLC: Index No. 151089/2020, 2021 NY Slip Op 30164(U)(Sup. Ct. NY; 1/22/21; Jaffe, J)