PASSING ON APARTMENTS

Rent-Stabilized Tenant's Son Can't Prove Succession Rights

November 17, 2021    

Landlord sued to evict rent-stabilized tenant's son, who claimed succession rights to the apartment after tenant died. The trial court ruled for landlord. The son appealed and lost. While the absence of...

NYCHA Not Required to Restore Tenant's Son to Possession After Locking Him Out

September 27, 2021    

Apartment occupant, who was the son of the deceased tenant, sued landlord NYCHA, claiming that NYCHA had illegally locked him out of his apartment and seeking to be restored to possession. He testified credibly that...

Tenant's Niece Gets Rent-Stabilized Apartment

September 27, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant died shortly thereafter, and tenant's niece claimed succession rights to the apartment.

Tenant's Son Must Pay Use and Occupancy While Succession Claim Is Pending

September 27, 2021    

Landlord sued to evict rent-stabilized tenant's estate for nonpayment of rent in late 2018, after tenant died in March 2018. Tenant's son, in turn, responded to the case and claimed succession rights. The son...

Domestic Partner Gets Rent-Stabilized Tenant's Apartment

September 27, 2021    

Rent-stabilized tenant's domestic partner claimed succession rights to tenant's apartment after tenant died. The DRA ruled for the partner. Landlord appealed and won. The DHCR found that the partner didn'...

Rent-Controlled Tenant's Granddaughter Gets Apartment

September 24, 2021    

The granddaughter of a rent-controlled tenant asked the DHCR to determine her claimed succession rights to tenant's apartment. Tenant had lived in the unit from 1950 until she died in 2011. The granddaughter...

NYCHA Must Grant New Hearing on Grandson's Succession Claim

August 24, 2021    

NYCHA tenant's grandson, who was also tenant's adopted son, filed a grievance request with NYCHA, seeking succession rights after tenant died. The grandson said that he had lived with tenant since he was a...

Rent-Stabilized Tenant's Stepson Gets Apartment

August 24, 2021    

Landlord sued to evict rent-stabilized tenant in 2012 based on nonprimary residence. In 2015, while the case was pending, tenant died and her stepson claimed succession rights. The trial court ruled for the stepson...

Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment

July 26, 2021    

After a NYCHA tenant died, an apartment occupant sought succession rights. NYCHA held a hearing in 2019 and denied the occupant's remaining family member grievance. The occupant then filed an Article 78 court...

Rent-Stabilized Tenant's Grandson Gets Apartment

July 23, 2021    

Rent-stabilized tenant's grandson claimed succession rights and complained that landlord refused to give him a renewal lease after tenant died. The DRA ruled for tenant's grandson. Landlord appealed and lost...

Occupant Not Entitled to Renewal Lease and Didn't Claim Succession Rights

July 20, 2021    

Apartment occupant complained that landlord failed to offer him a rent-stabilized renewal lease. Landlord responded that the apartment wasn't the tenant's primary residence and that landlord had sent tenant a...

Tenant's Adopted Child Can't Get NYCHA Apartment

June 22, 2021    

NYCHA, as landlord of a federally funded public housing project under HUD regulations, denied a remaining family member (RFM) grievance by a surviving family member who sought succession to deceased tenant's...