PASSING ON APARTMENTS

PASSING ON APARTMENTS

Rent-Controlled Tenant's Granddaughter Gets Apartment

December 26, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant died, claiming that occupant had been tenant's licensee. Occupant claimed succession rights to the apartment. The trial court ruled for...

Tenant's Ex-Husband Gets Apartment

December 21, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. He said he was the former spouse of the deceased tenant. The court ruled for occupant and dismissed the...

Deceased Tenant's Wife, Who Wasn't Elderly, Couldn't Remain in HUD Section 202 Housing

November 27, 2018    

Landlord sued to evict the wife of deceased tenant in HUD-subsidized Section 202 housing. The housing project provided supportive housing for the elderly, aged 62 years or older. The wife moved into the apartment...

NYCHA Tenant's Grandson Can't Get Apartment After Tenant Dies

November 27, 2018    

NYCHA tenant's grandson requested succession rights after tenant died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal. The court ruled against the grandson. Tenant had asked NYCHA...

DHCR Won't Decide Succession Claim Where Eviction Case Already Pending

November 19, 2018    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the owner.)

Rent-Controlled Tenant's Nephew Claims Succession Rights

November 17, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. The court granted tenant's request to dismiss the case, finding that landlord's notice to quit was insufficient and that...

Tenant's Daughter Gets Rent-Stabilized Apartment

November 12, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant for at least three years before tenant died...

Rent-Stabilized Tenant's Husband Gets Apartment

October 28, 2018    

Landlord sued to evict rent-stabilized tenant's husband after tenant died. The husband claimed succession rights. Landlord questioned the legitimacy of the marriage, stating that tenant never informed it of...

Tenant's Life Partner Gets Rent-Stabilized Apartment

October 27, 2018    

Apartment occupant complained to the DHCR that landlord failed to offer her a renewal lease after rent-stabilized tenant died. Occupant claimed that she was tenant's nontraditional family member. Landlord...

Permanent Tenant's Brother Gets Apartment

October 22, 2018    

Landlord sued to evict a hotel-stabilized tenant for nonprimary residence. Tenant's brother claimed succession rights. The trial court ruled against landlord and dismissed the case, finding that the occupant was...

Grandson Can't Get NYCHA Tenant's Apartment

October 8, 2018    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal and claimed that NYCHA's decision was...

Rent-Stabilized Tenant's Former Life Partner Gets Apartment

October 8, 2018    

Landlord sued to evict rent-stabilized tenant and immediate family members based on tenant's nonprimary residence. In response, an apartment occupant claimed succession rights. The court ruled for the occupant...