Tenant's Daughter and Son-in-Law Can't Get Apartment

June 26, 2020

LVT Number: #30843

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupants, who were tenant's daughter and son-in-law, asked the court for permission to amend their answer to landlord's petition and raise a succession claim. The court ruled against the occupants since they didn't present a meritorious succession defense. To prove succession, occupants would have to show co-occupancy with tenant during the last two years before tenant's last renewal lease expired in 2015. But this was impossible because tenant moved out of the apartment in 1998. 

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupants, who were tenant's daughter and son-in-law, asked the court for permission to amend their answer to landlord's petition and raise a succession claim. The court ruled against the occupants since they didn't present a meritorious succession defense. To prove succession, occupants would have to show co-occupancy with tenant during the last two years before tenant's last renewal lease expired in 2015. But this was impossible because tenant moved out of the apartment in 1998. 

William 165 LLC v. Ser-Boim: Index No. 52496/16, 2020 NY Slip Op 20109 (Civ. Ct. NY; 5/13/20; Ortiz, J)

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