Landlord Can't Seek Rent from Tenant's Successor Without Lease

Landlord sued to evict former Starrett City Mitchell-Lama tenant's son for nonpayment of rent since August 2016, when tenant's last lease expired. The son had claimed successor status after tenant died. The DHCR approved the request, but no lease was ever issued to the son because he refused to sign lease amendments proposed by the DHCR.

The court granted the son's request to dismiss the case. Generally, a landlord can seek relief in a nonpayment proceeding only if there is a landlord-tenant relationship between the parties, and there is an existing agreement to pay rent. Here, although the son was in possession of the apartment, he had no written rental agreement. And landlord presented no explanation in court as to why the offered lease amendments were necessary to execute a lease with the son. 

BSC Owner LLC v. Nicholson: Index No. 75480/2019, 2020 NY Slip Op 50419(U)(Civ. Ct. Kings; 4/10/20; Weisberg, J)