Landlord Must Sue Tenant's Estate to Evict Deceased Tenant's Son

July 11, 2014

LVT Number: #25598

Landlord sued to evict tenant's son, who was the sole beneficiary of deceased rent-stabilized tenant's estate. Landlord claimed that tenant's estate had breached a substantial obligation of the tenancy by permitting the son to occupy the apartment without landlord's permission. The court ruled for landlord after a trial. The occupant appealed and won. Landlord named only tenant's son as a respondent, both individually and as a distributee of the estate.  But the son was only a subtenant or occupant.

Landlord sued to evict tenant's son, who was the sole beneficiary of deceased rent-stabilized tenant's estate. Landlord claimed that tenant's estate had breached a substantial obligation of the tenancy by permitting the son to occupy the apartment without landlord's permission. The court ruled for landlord after a trial. The occupant appealed and won. Landlord named only tenant's son as a respondent, both individually and as a distributee of the estate.  But the son was only a subtenant or occupant. Landlord must name the estate and its executor as parties in an eviction proceeding under these circumstances.

Visutton Associates v. Fastman: 2014 NY Slip Op 24164, 2014 WL 2869703 (App. T. 2 Dept.; 6/20/14; Pesce, PJ, Solomon, Elliot, JJ)

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