Landlord Denied Access to Daughter of Deceased Rent-Controlled Tenant

Facts: When rent-controlled tenant died in June 1996, her daughter immediately notified landlord that she was tenant's estate administrator and demanded access to tenant's apartment. Landlord advised tenant's daughter that it was removing tenant's possessions from the apartment and demanded use and occupancy for June and July 1996. In October 1996, tenant's daughter sued landlord for unlawful eviction and conversion based on landlord's refusal to give her access to the apartment and the removal of tenant's property. Court: Tenant's daughter loses. The rent-controlled tenancy ended when tenant died. At that time, tenant's daughter hadn't yet been appointed to administer her estate. So landlord didn't unlawfully evict tenant's daughter. Tenant's daughter also didn't object initially when landlord informed her that it was putting tenant's possessions into storage. And, again, tenant's daughter wasn't actually appointed estate administrator until August 1996, so when the property was removed she had no legal right to it. So there was no conversion of tenant's property. In addition, before tenant died, a court-appointed guardian had informed landlord that tenant's daughter couldn't have access to tenant's apartment. So landlord couldn't be criticized for taking the precaution of putting tenant's property into storage.

Borack v. Sanford Realty Assocs.: Index No. 118153/96 (Sup. Ct. NY; Huff, J) (12/23/98) [7-pg. doc.]