Illegal Sublet Case Properly Brought Against Deceased Tenant's Estate

June 30, 2004

LVT Number: 17460

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict the estate of deceased rent-stabilized tenant for illegally subletting the apartment. The executors were tenant's daughters. Tenant's grandson was occupying the apartment and claimed pass-on rights. The executors of the estate asked the court to dismiss the case. They claimed that landlord must bring a licensee holdover case. The court ruled against the estate. Landlord could proceed with the illegal sublet case.

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict the estate of deceased rent-stabilized tenant for illegally subletting the apartment. The executors were tenant's daughters. Tenant's grandson was occupying the apartment and claimed pass-on rights. The executors of the estate asked the court to dismiss the case. They claimed that landlord must bring a licensee holdover case. The court ruled against the estate. Landlord could proceed with the illegal sublet case. After tenant died, her estate was entitled to possession until the current renewal lease ended. Whether landlord could prove illegal sublet or assignment was a question of fact to be decided at trial.

Malafis v. Cancel: NYLJ, 6/30/04, p. 21, col. 1 (Civ. Ct. Kings; Heymann, J)

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