Landlord Co-op Can Evict Deceased Tenant Shareholder's Daughter

February 13, 2017

LVT Number: #27485

Landlord cooperative corporation sued to evict shareholder tenant’s daughter and grandson for nonpayment after tenant died. The court ruled for landlord. Occupants appealed and won, in part. Landlord had properly stated the case against tenant’s daughter as her surviving issue under Real Property Actions and Proceedings Law Section 711(2). Landlord had sent a rent demand, and no rent had been paid since 2010. So landlord was entitled to possession of the apartment. However, the housing court incorrectly dismissed occupants’ counterclaims.

Landlord cooperative corporation sued to evict shareholder tenant’s daughter and grandson for nonpayment after tenant died. The court ruled for landlord. Occupants appealed and won, in part. Landlord had properly stated the case against tenant’s daughter as her surviving issue under Real Property Actions and Proceedings Law Section 711(2). Landlord had sent a rent demand, and no rent had been paid since 2010. So landlord was entitled to possession of the apartment. However, the housing court incorrectly dismissed occupants’ counterclaims. Since that court didn’t have authority to rule on claims of conversion or wrongful eviction, which were unrelated to landlord’s nonpayment claim, the counterclaims should have been severed, not dismissed.

 

 

 
Fountains--Clove Road Apartments, Inc. v. Gunther: 2017 NY Slip Op. 27005, 2017 WL 125852 (App. T. 2 Dept.; 1/6/17; Aliotta, JP, Pesce, Solomon, JJ)

Topics

More like this