PASSING ON APARTMENTS

When Did Tenant Who Died in Nursing Home Permanently Vacate Apartment?

June 20, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Tenant's daughter moved into the apartment in 1988. Tenant was hospitalized in June 2007, then moved into a nursing home where she...

Trial Needed to Decide Brother's Succession Claim

May 25, 2019    

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The brother claimed succession rights. Landlord asked the court to rule in its favor without trial. Landlord claimed that the brother...

Occupant's Immigration Status Doesn't Bar Succession Rights Claim

May 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as a nontraditional family member. Landlord argued that occupant's immigration status prevented him...

Tenant's Son Gets Rent-Stabilized Apartment

May 21, 2019    

Rent-stabilized tenant's son complained to the DHCR that he had succession rights to tenant's apartment and that landlord refused to give him a renewal lease. The DRA ruled against the son. The son appealed...

Did Rent-Stabilized Tenant Deceive Landlord While Daughter Lived in Apartment?

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had in fact moved out of the apartment while her daughter lived there. Tenant and tenant's daughter asked the court to dismiss the...

Tenant's Son Didn't Prove Succession Rights to Public Housing Apartment

May 20, 2019    

Public housing tenant's son claimed succession rights to tenant's apartment after tenant died. HPD ruled against tenant's son, who then filed an Article 78 court appeal to challenge HPD's decision....

Rent-Stabilized Tenant's Grandson Didn't Prove Succession Claim

May 15, 2019    

Landlord sued to evict Mt. Vernon apartment occupant after the apartment's rent-stabilized tenant died. The occupant claimed that he was tenant's grandson, that he had continuously lived at the apartment with...

Rent-Stabilized Tenant's Sister Gets Apartment

May 15, 2019    

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed succession rights. The trial court ruled for the sister and dismissed the case. Landlord appealed and lost. The sister...

Daughters Can't Get Rent-Stabilized Apartment

April 26, 2019    

(Decision submitted by Kirk Karabelas, Esq. of the Long Island City law firm of Karabelas & Papagianopoulos LLP, attorneys for the landlord.)

Rent-Stabilized Tenant's Son Gets Apartment

April 25, 2019    

Landlord sued to evict rent-stabilized tenant's disabled son after tenant died. The son claimed succession rights. The trial court ruled for landlord. Tenant's son appealed and won. The appeals court found...

Ex-Wife Can't Get Rent-Stabilized Apartment

April 25, 2019    

Landlord sued to evict tenant for illegally subletting or assigning his rent-stabilized apartment. Tenant had moved out and sent landlord a letter surrendering his tenancy, although he didn't return the keys. The...

Rent-Stabilized Tenant's Daughter Can't Get Apartment

April 23, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died in 2015. The daughter claimed succession rights to the apartment. The court ruled for landlord after trial. The daughter appealed and...