PASSING ON APARTMENTS

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...

DHCR Grants Pass-on Rights to Son While Tenant "Temporarily Exempt" from Primary Residence Requirements

January 24, 2023    

A rent-controlled tenant's son asked the DHCR for a ruling that he had succession rights to tenant's apartment. The DRA ruled for the son. Landlord appealed and lost. The DHCR pointed out that, in a prior...

Landlord Can't Get 20 Percent Vacancy Increase from Second Successor Tenant

January 23, 2023    

An apartment occupant asked the DHCR to determine his apartment's rent-regulated status and to rule that he had succession rights to the unit. In response, landlord argued that the occupant would be the second...

Licensee of Tenant Who Transferred to Another NYCHA Unit Can't Be Restored to Old Unit

December 20, 2022    

NYCHA tenant's sister claimed that she had lived with tenant for a year before tenant died in 2020. After tenant died, the sister lived with tenant's daughter in the apartment and assisted the daughter with...

No Negative Inference Drawn by Court Where Tenant Didn't Testify

November 25, 2022    

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister...

Apartment Occupant Can't Get Succession Rights to NYCHA Apartment

November 24, 2022    

In 2019, after a hearing, NYCHA denied occupant's application for succession rights to tenant's apartment as a remaining family member. The occupant then filed an Article 78 court appeal and lost. She then...

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

November 23, 2022    

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found...

Son of Rent-Controlled Tenants Is First Successor, Not Second

November 22, 2022    

Tenant filed an application with the DHCR for an administrative determination (AD), claiming rights as a first successor tenant to his parents' rent-controlled apartment. Tenant said that his parents signed a...

Claimed Polyamorous Partner Can Seek Succession Claim to Rent-Stabilized Apartment

October 25, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. Landlord asked the court to rule against occupant without a trial...

Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party

September 27, 2022    

Landlord brought a licensee holdover proceeding to evict the daughter of a shareholder-tenant in a limited income housing cooperative. Landlord asked the court for a ruling without trial because HPD had ruled that...

Tenant's Grandson Gets Rent-Controlled Apartment

August 22, 2022    

Landlord asked the DHCR for a ruling on the rent regulatory status of an apartment. A rent-controlled tenant had lived in the apartment until her death in 2016. Tenant had continued to pay rent although she bought a...

Rent-Stabilized Tenant's Daughter Proved Succession Rights

July 19, 2022    

Rent-stabilized tenant's daughter filed a lease violation complaint with the DHCR in 2020 after landlord refused to offer her a renewal lease in her name. Tenant moved out in 2009, and the daughter claimed...