PASSING ON APARTMENTS

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...

Rent-Stabilized Tenant's Aunt Didn't Prove Succession Rights

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for not renewing her lease. Landlord also named apartment occupant, who was tenant's aunt, in the eviction proceeding. The tenant had moved out, and the aunt claimed...

Rent-Controlled Tenant's Son Was First, Not Second, Successor Tenant

December 18, 2019    

Rent-controlled tenant complained of rent overcharge. Landlord claimed that tenant was a second successor tenant and that it therefore was entitled to collect a vacancy increase from the tenant. The DRA found that...

Occupant Had Family-Type Relationship with Tenant

November 21, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he had a family-member relationship with tenant. The trial court ruled for the occupant, finding he had...

Does Rent-Stabilized Tenant's Daughter Have Succession Rights?

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter asked the court to dismiss the case without trial. The court ruled against the daughter, who appealed and lost. Documentary...

Daughter of Rent-Stabilized Tenant Gets Apartment

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court ruled for the daughter. Landlord appealed and lost. Despite some procedural errors by the lower court, the daughter'...

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

November 21, 2019    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights and that he was tenant's nephew. The trial court ruled for landlord. Occupant appealed and lost...

Tenant's Girlfriend Gets Rent-Stabilized Apartment

October 28, 2019    

Apartment occupant claimed to the DHCR that she had succession rights to tenant's rent-stabilized apartment and that landlord refused to give her a renewal lease. The DRA ruled against occupant, finding that she...

Landlord Can't Evict Tenant's Daughter While Succession Claim Grievance Still Pending

October 28, 2019    

Landlord sued to evict tenant's adult daughter after tenant died. The daughter had filed an Article 78 appeal of NYCHA's decision denying her remaining family member grievance, and it was undisputed that the...

Family Member Can't Get Deceased Tenant's Mitchell-Lama Apartment

October 25, 2019    

Mitchell-Lama apartment occupant claimed succession rights after tenant died. HPD ruled against the occupant, who then filed an Article 78 court appeal. The court ruled against the occupant. Although occupant was a...

Daughter of Formerly Rent-Controlled Tenants Can't Get Replacement Apartment

September 25, 2019    

Tenants' daughter complained that the deceased tenants, who were her parents, had been rent controlled and that landlord failed to renew a lease in her name. The DRA ruled against the daughter, who appealed and...

Occupant Couldn't Prove Nontraditional Family Member Status

September 24, 2019    

Apartment occupant complained that landlord improperly refused to grant him a rent-stabilized renewal lease. Occupant claimed that he was a nontraditional family member entitled to succession rights after tenant...