No Landlord-Tenant Relationship Established with Tenant's Son
LVT Number: #24689
Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Tenant claimed that, although he was prior tenant's son, there was no actual landlord-tenant relationship and asked the court to dismiss the case. Landlord claimed that it granted tenant's request for succession rights after tenant's mother moved out of the building. But tenant never completed recertification and disagreed with the amount of monthly rent landlord claimed was owed. Tenant had been seeking reinstatement of a Section 8 rent subsidy while landlord claimed tenant owed the full market rent for the apartment. The court ruled for tenant and dismissed the case. Since tenant hadn't recertified his income, he never received a lease in his own name with a monthly rent based on his income. A successor tenant isn't a tenant without a lease.
Tivoli BI LLC v. Clarke: Index No. 095281/2012, NYLJ No. 1202587553751 (Civ. Ct. Kings; 2/14/13; Sikowitz, J)