Daughter Has Standing in Nonpayment Proceeding

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant didn't appear in court, but her daughter did. Landlord objected, claiming that the daughter had no standing to raise defenses on tenant's behalf. The daughter claimed that she had succession rights to the apartment as a remaining family member and so was entitled to raise all defenses and counterclaims in a nonpayment proceeding against tenant. The court agreed with the daughter. Real Property Actions and Proceedings Law Section 743 and Real Property Law Section 235-b(1) protect both tenants and occupants of an apartment. Since the daughter had a potential succession claim, she was entitled to answer landlord's petition.

Elmback Owners LLC v. Newbold: Index No. 61283/10, NYLJ No. 1202475151108 (Civ. Ct. Queens; 11/1/10; Katz, J)