PASSING ON APARTMENTS

Family Member Granted Pass-On Rights Can't Challenge Order Also Granting Succession to Others

January 28, 2019    

Rent-stabilized tenant's family member, Rudy Nunez, sought succession rights after tenant died and complained to the DHCR that landlord refused to give him a renewal lease. The DRA ruled for Rudy, and ordered...

Tenant's Daughter Can't Pursue Renewal Lease Claim While Eviction Case Pending

January 28, 2019    

Rent-stabilized tenant's daughter complained to the DHCR that landlord failed to offer her a renewal lease after tenant moved out of the apartment. She claimed succession rights. The DRA terminated the proceeding...

Tenant's Housekeeper Didn't Prove Succession Rights

January 27, 2019    

Apartment occupant claimed succession rights to rent-stabilized apartment after tenant died. The DRA ruled against occupant who appealed and lost. Occupant claimed that she was a nontraditional family member....

Trial Must Determine Whether Nontraditional Family Member Can Get Apartment

January 24, 2019    

Landlord of HUD project-based Section 8 building sued to evict apartment occupant after tenant died in 2016. Occupant claimed succession rights. Landlord claimed that occupant had no valid claim because tenant's...

Nontraditional Family Member Doesn't Prove He Lived with Tenant Before She Died

January 24, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. The court granted landlord's request for pre-trial...

NYCHA Tenant's Son Can't Get Apartment

January 24, 2019    

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son after a hearing. He then filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable. The...

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...