Landlord Can't Evict Tenant's Son for Nonpayment

April 30, 2010

LVT Number: #22636

Landlord of Mitchell-Lama co-op building sued to evict tenant-shareholder’s son for nonpayment of maintenance after tenant died. Landlord claimed that over $14,000 was due for a nine-month period. Tenant had last certified her income and household composition in April 2008, indicating that she was the sole occupant of the apartment. Her son lived in the apartment after tenant died, although no one had been appointed to represent tenant’s estate. The court dismissed the case. Landlord can’t base an eviction action against the son on nonpayment.

Landlord of Mitchell-Lama co-op building sued to evict tenant-shareholder’s son for nonpayment of maintenance after tenant died. Landlord claimed that over $14,000 was due for a nine-month period. Tenant had last certified her income and household composition in April 2008, indicating that she was the sole occupant of the apartment. Her son lived in the apartment after tenant died, although no one had been appointed to represent tenant’s estate. The court dismissed the case. Landlord can’t base an eviction action against the son on nonpayment. It must start a holdover proceeding to evict the son, even though he hadn’t claimed succession rights. In the meantime, since tenant’s current lease was renewed through Jan. 1, 2011, landlord also must name tenant’s estate as a party to the eviction proceeding.

Dennis Lane Apartments Inc. v. Jones: 2010 WL 154522, 2010 NY Slip Op 20137 (4/19/10) (Civ. Ct. Bronx; Kraus, J)

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