Landlord Can't Sue to Evict Successor Tenant for Nonpayment of Pre-Succession Rent

Landlord of Mitchell-Lama co-op building sued to evict shareholder tenant for nonpayment of maintenance. Tenant claimed that the rent demand was defective because landlord sought rent for months prior to her recognition as a successor tenant. Landlord argued that tenant had unclean hands because she forged the deceased tenant's signature on a 2017 income affidavit. Landlord also argued that the occupancy agreement stated that all provisions bound successors. The court ruled for tenant and dismissed the case. It is well established that, until a successor becomes a party to a lease, there is no landlord-tenant relationship and therefore no basis for a rent claim. Landlord also presented no documentation of its forgery claim. And more than half of the 11 months of rent landlord sought in this case predated successor's tenancy.

Rochdale VII, Inc. v. Chadwick: 2019 NY Slip Op 29323 (Civ. Ct. Queens; 10/18/19; Guthrie, J)