Landlord Can't Sue to Evict Tenant's Son for Nonpayment of Rent

Landlord sued to evict rent-stabilized tenant's son for nonpayment of rent that was owed for the 15-month period after tenant died. The son asked the court to dismiss the case. He claimed that he had no landlord-tenant relationship with landlord and that there was no legal basis for landlord to claim that he owed the rent as the son of the deceased tenant. Landlord claimed that Real Property and Proceedings Law Section 711(2) allowed landlord to start the eviction proceeding three months after tenant died, since tenant died during the term of her lease, rent was owed, and no estate representative had taken possession of the apartment. The court ruled against landlord and dismissed the case. This law didn't apply because tenant's son had taken possession of the apartment. He also claimed succession rights. If proved, the son may eventually have to pay outstanding rent, but not in this proceeding.

1535 Ocean LLC v. Spain: NYLJ, 8/3/09, p. 20, col. 3 (Civ. Ct. Kings; Milin, J)