Eviction Case Against Tenant’s Son Stayed Pending His Appeal of HPD-Issued Certificate of Eviction

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Landlord sued to evict tenants of Mitchell-Lama cooperative apartment after HPD issued a certificate of eviction. HPD found that prior authorized occupant of the apartment had moved out and that current occupant hadn’t proved succession rights. Occupant asked the court to delay the proceeding because he had filed an appeal of HPD’s decision. The court ruled for occupant, who was 17 years old and who showed a sufficient likelihood of success on his appeal of HPD’s decision to warrant a stay of the eviction proceeding. Landlord claimed that occupant’s succession claim was time-barred because his right to succeed would have accrued when prior tenant moved out and that prior tenant moved out more than six years before occupant claimed succession rights. But, even if a six-year time limit applied, occupant was a minor child during that time and any statute of limitations was therefore tolled following tenant’s vacatur. Landlord must wait for the court’s decision of occupant’s appeal of the HPD ruling.

1199 Corporation v. Lee: Index No. 86696/2015 (Civ. Ct. NY; 6/3/16; Stoller, J) [5-pg. doc.]