Landlord Can't Maintain Summary Nonpayment Proceeding Against Tenant's Son

Landlord sued to evict rent-stabilized tenant and occupant "John Doe" based on tenant's nonpayment of rent. Tenant's son appeared in court, admitting that he was John Doe, that tenant died in December 2017, and that he'd been paying rent for the apartment in his own name. He claimed succession rights. The son and landlord signed a settlement agreement in court. The son consented to a final judgment of possession with execution on the warrant stayed provided the son paid over $11,000 in back rent owed by tenant. The son later defaulted on the arrears payment and now argued that he wasn't responsible for tenant's rent arrears. The court ruled for the son. The nonpayment proceeding was a nullity because tenant had died by the time the proceeding was commenced. Landlord could seek only the rent arrears owed at that time from tenant. The proceeding was a nullity from the outset and must be dismissed. Landlord wasn't entitled to seek deceased tenant's rent arrears from her son.

College Apts. LLC v. Gedeon: Index No. 79046/19, NYLJ No. 1608676293 (Civ. Ct. Kings; 12/18/20; Cohen, J)