PASSING ON APARTMENTS

Occupant Can't Prove Succession Rights

March 23, 2020    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member who had succession rights. The trial court ruled for landlord, finding that...

Rent-Stabilized Tenant's Daughter Forged Tenant's Name on Renewal Leases

March 12, 2020    

Landlord sued to evict rent-stabilized tenant and his daughter. Landlord claimed that tenant left the apartment in 2004 and began living elsewhere, without notifying landlord of the change in circumstances. After...

Rent-Stabilized Tenant's Daughter Concealed Tenant's Vacatur

March 10, 2020    

(Decision submitted by Leonard Kaplain of the Garden City law firm of Kaplain & Duval, LLP, attorneys for the landlord.)

Mitchell-Lama Tenant's Granddaughter Can't Get Apartment

March 10, 2020    

The granddaughter of a deceased Mitchell-Lama co-op tenant in an apartment regulated by HPD claimed succession rights after tenant died. HPD held a hearing and ruled against the granddaughter, who filed an Article 78...

Health Aide Who Manipulated Rent-Stabilized Tenant Can't Get Apartment

February 25, 2020    

Landlord sued to evict the estate of deceased rent-stabilized tenant and remaining apartment occupant. Landlord claimed that tenant illegally sublet the apartment to occupant. Occupant claimed that he had succession...

Rent-Controlled Tenant's Home Care Aide Gets Succession Rights

February 25, 2020    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights as a nontraditional family member. Occupant had moved into the apartment in 2015 as tenant's...

Tenant's Granddaughter Gets Rent-Stabilized Apartment

February 25, 2020    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. One of the occupants claimed that she was tenant's granddaughter and that she had succession rights. The trial court ruled for the...

NYCHA Tenant's Grandson Can't Get Apartment

February 25, 2020    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died. NYCHA held a hearing and denied the grandson's request. The grandson then filed an Article 78 court appeal, claiming...

Rent-Controlled Tenant's Former Spouse Gets Apartment

February 13, 2020    

Tenant asked the DHCR to rule on whether she was a rent-controlled tenant. Tenant claimed that she had succession rights from prior rent-controlled tenant. The DRA ruled for tenant. She moved into the apartment prior...

Two Family Members Can't Get Succession Rights at Same Time

January 28, 2020    

The wife of a deceased rent-stabilized tenant claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease. The DRA ruled for the wife and directed landlord to offer a rent-...

Court Dismisses Illegal Sublet Claim Against Daughter Claiming Pass-On Rights

January 27, 2020    

Landlord sued to evict rent-stabilized tenant's estate and her daughter after tenant died and the daughter advised landlord that she was claiming succession rights. Landlord claimed illegal sublet against the...

Rent-Stabilized Tenants' Daughter Can't Remain in Apartment

December 19, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants' daughter claimed succession rights. The trial court ruled for landlord. Tenants appealed and lost, then appealed again to a higher...