Nonpayment Case Against Successor Tenant Dismissed

March 26, 2021

LVT Number: #31298

Landlord sued to evict rent-stabilized tenant's surviving family member for nonpayment of rent. Tenant asked the court to dismiss the case and argued that the 2017 renewal lease landlord offered her was unenforceable because it failed to comply with applicable Rent Stabilization Code provisions. Tenant claimed that the lease was backdated and was offered prematurely. A lease previously signed by the deceased tenant of record didn't expire until August 2019, and that lease passed to the tenant of record's estate after tenant's death.

Landlord sued to evict rent-stabilized tenant's surviving family member for nonpayment of rent. Tenant asked the court to dismiss the case and argued that the 2017 renewal lease landlord offered her was unenforceable because it failed to comply with applicable Rent Stabilization Code provisions. Tenant claimed that the lease was backdated and was offered prematurely. A lease previously signed by the deceased tenant of record didn't expire until August 2019, and that lease passed to the tenant of record's estate after tenant's death.

The court ruled for tenant. Without an action against tenant of record's estate, landlord had no sufficient right to possession or to offer a renewal lease on which this eviction case was based. The renewal lease in question also wasn't in proper form. It was offered without the required DHCR rider. The renewal lease was void as it violated applicable provisions of the Rent Stabilization Law.

2025 Regent Place LLC v. Bell: Index No. 59459/19, NYLJ No. 1612989735 (Civ. Ct. Kings; 12/23/20; McClanahan, J)

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