Landlord Offered Improper Lease to Tenant's Grandson

February 27, 2017

LVT Number: #27524

Landlord sued to evict rent-controlled tenant’s grandson after tenant died. The court granted the grandson’s request to dismiss the case. In a prior court case, the court had ruled that the grandson had succession rights. But while that case was pending HUD issued an order making all building apartments subject to rent stabilization and restructuring the rents. Landlord then brought the new eviction case against grandson.

Landlord sued to evict rent-controlled tenant’s grandson after tenant died. The court granted the grandson’s request to dismiss the case. In a prior court case, the court had ruled that the grandson had succession rights. But while that case was pending HUD issued an order making all building apartments subject to rent stabilization and restructuring the rents. Landlord then brought the new eviction case against grandson. But the lease landlord offered the grandson was a one-year lease and therefore didn’t comply with either the Private Housing Finance Law Section 804 or the Rent Stabilization Code, which required an offer of a one- or two-year lease. So the case was dismissed.

 

 

 
UHAB HDFC v. Sylvester: Index No. 66747/16, NYLJ No. 1202775799645 (Civ. Ct. NY; 12/16/16; Schneider, J)

Topics

More like this