Certificate of Eviction from DHCR Not Required

June 27, 2012

LVT Number: #24163

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was tenant's widow and that she had succession rights to the apartment. The court ruled for landlord, who then sought fair market use and occupancy from occupant. She then argued that the court had no authority to hear the case because landlord hadn't first obtained a certificate of eviction from the DHCR. The court ruled against occupant. No certificate of eviction from the DHCR was required in an eviction proceeding involving succession rights.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was tenant's widow and that she had succession rights to the apartment. The court ruled for landlord, who then sought fair market use and occupancy from occupant. She then argued that the court had no authority to hear the case because landlord hadn't first obtained a certificate of eviction from the DHCR. The court ruled against occupant. No certificate of eviction from the DHCR was required in an eviction proceeding involving succession rights.

1504 Associates v. Westcott: Index No. 79943/09, NYLJ No. 1202558914035 (Civ. Ct. NY; 6/6/12; Lau, J)

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