PASSING ON APARTMENTS

Shareholder's Daughter Gets Former Mitchell-Lama Apartment

May 24, 2020    

Landlord cooperative corporation, a former Mitchell-Lama co-op, that went free market in 2015, filed an Article 78 appeal of the DHCR's decision that former shareholder tenant's daughter had succession rights...

Son of Rent-Stabilized Tenant Was 61 When Tenant Vacated

May 18, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed succession rights, but the court ruled against him. The son appealed and lost. The trial court fairly...

Rent-Controlled Tenant's Son Can't Get Apartment

May 18, 2020    

Landlord sued to evict rent-controlled tenant's son, when tenant and his wife moved into a nearby Mitchell-Lama apartment. The son claimed succession rights. He said he grew up in the unit, then moved out, but...

Daughter's Settlement Vacated So She Can Make Succession Claim

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter appeared in court and claimed succession rights. Later, the parties signed a court-ordered settlement agreement. Both were...

Eviction Case Reopened for Tenant's Daughter Claiming Succession Rights

April 28, 2020    

Landlord sued to evict rent-stabilized tenant, who didn't appear in court or answer landlord's petition. Tenant's daughter appeared in court without an attorney and signed a settlement agreement to vacate...

Rent-Stabilized Tenant's Son Gets Apartment

April 27, 2020    

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights, and the trial court ruled in his favor. Landlord appealed and lost. Evidence showed that the son...

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...