Tenant's Grandson Was First, Not Second, Successor Tenant

April 25, 2018

LVT Number: #28357

Landlord sued to evict apartment occupant, claiming that occupant remained after rent-stabilized tenant died and was unauthorized to do so because he wouldn't sign a lease. Landlord claimed that occupant was a second successor and had to pay a vacancy increase in order to remain in the apartment. Occupant claimed that he wasn't a second successor. Occupant's grandmother was a prior tenant and, occupant claimed, occupant's mother was grandmother's co-tenant, not a first successor tenant. The court agreed with occupant based on proof presented and dismissed the case.

Landlord sued to evict apartment occupant, claiming that occupant remained after rent-stabilized tenant died and was unauthorized to do so because he wouldn't sign a lease. Landlord claimed that occupant was a second successor and had to pay a vacancy increase in order to remain in the apartment. Occupant claimed that he wasn't a second successor. Occupant's grandmother was a prior tenant and, occupant claimed, occupant's mother was grandmother's co-tenant, not a first successor tenant. The court agreed with occupant based on proof presented and dismissed the case.

Jamaica Seven LLC v. Villa Jr.: Index No. 80993/16, NYLJ No. 1521961318 (Civ. Ct. Queens; 2/28/18; Kullas, J)

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