PASSING ON APARTMENTS

Nontraditional Family Member Gets Rent-Stabilized Apartment

August 29, 2023    

Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that he was a licensee who no longer had a right to remain in the unit. The occupant claimed he had succession rights. After trial...

Succession Rights Claim by Tenant's Daughter Would Be Addressed by Court

August 28, 2023    

In 2022, rent-stabilized tenant's daughter complained to the DHCR that landlord failed to recognize her succession rights to the apartment. Landlord pointed out that it had started a pending housing court...

No Renewal Lease Required for Successor Tenant to Rent-Controlled Apartment

August 28, 2023    

A family member of former rent-controlled tenant claimed succession rights after tenant died, and complained to the DHCR that landlord refused to give him a renewal lease in his own name. The DRA ruled for the family...

Rent-Stabilized Tenant's Daughter Gets Apartment

August 27, 2023    

The daughter of a rent-stabilized tenant complained to the DHCR in 2022 after landlord refused to give the daughter a renewal lease after tenant died in September 2021. The daughter claimed she had succession rights...

Occupant Who Lived in Apartment with Tenant's Permission Was a Licensee, Not a Squatter

June 27, 2023    

Landlord commenced a summary eviction proceeding in 2023 to evict a squatter. Landlord claimed that the squatter had no right to occupy the apartment. The court granted the occupant's request to dismiss the case...

Court Denies Pre-Trial Discovery to Occupant Claiming Succession Rights

May 23, 2023    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. The occupant, who said he was tenant's son, claimed succession rights. After conducting pre-trial questioning, landlord asked the...

Mitchell-Lama Tenant's Niece Failed to Prove She Had Succession Rights

March 27, 2023    

The niece of a Mitchell-Lama tenant claimed succession rights after tenant died. HPD ruled against the niece after holding a hearing. The niece then filed an Article 78 court appeal of HPD's decision and lost....

Tenant's Son Was Barred from Living with Section 8 Tenant

March 24, 2023    

Landlord sued to evict HUD-subsidized apartment occupant, claiming that he was a licensee whose license had expired after the project-based Section 8 tenant relocated to a nursing facility. Occupant claimed that he...

Mitchell-Lama Co-op Tenant's Niece Can't Get Apartment

March 23, 2023    

The niece of a former Mitchell-Lama shareholder tenant claimed succession rights to former tenant's apartment after the tenant moved out. The DHCR ruled against the niece, who then filed an Article 78 court...

Daughter of Former Rent-Controlled Tenants Gets Rights to Unit Tenants Transferred to

March 21, 2023    

Tenants' daughter filed a lease violation complaint with the DHCR. She had moved into her current apartment with her parents in 2007. Tenant and her father signed a renewal lease for the two-year term between...

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

March 21, 2023    

Apartment occupant complained to the DHCR that he was the rent-stabilized tenant's son and that landlord refused to give him a renewal lease after tenant died. Landlord argued that the son moved into the...

Occupant Can't Prove Succession Rights to Mitchell-Lama Co-op Apartment

February 22, 2023    

In early 2020, landlord started a lease termination proceeding at HPD against a Mitchell-Lama co-op tenant, seeking a Certificate of Eviction. The tenant had lived in a caretaking facility since 2015 and at a later...