Occupants Lose Succession Claim Where Tenant Left Years Ago

March 26, 2021

LVT Number: #31286

Landlord sued to evict rent-stabilized tenant and apartment occupants after discovering that tenant had moved out of the apartment. At some point the apartment occupants asked the court for permission to amend their answer with a proposed succession rights defense. The court ruled against occupants, who appealed and lost. It was undisputed that tenant moved out in 1998, yet continued to sign renewal leases until 2015. So occupants wouldn't be able to show that they primarily resided in the apartment together with tenant between 2013 and 2015, when tenant's last renewal lease ended.

Landlord sued to evict rent-stabilized tenant and apartment occupants after discovering that tenant had moved out of the apartment. At some point the apartment occupants asked the court for permission to amend their answer with a proposed succession rights defense. The court ruled against occupants, who appealed and lost. It was undisputed that tenant moved out in 1998, yet continued to sign renewal leases until 2015. So occupants wouldn't be able to show that they primarily resided in the apartment together with tenant between 2013 and 2015, when tenant's last renewal lease ended. Since they couldn't meet eligibility requirements to prove succession rights, the lower court properly denied their request to raise succession as a defense.

William 165 LLC v. Sero-Boim: Index No. 570166/20, 2021 NY Slip Op 50107(U), NYLJ No. 1614092344 (App. T. 1 Dept.; 2/11/21; Edmead, PJ, Higgitt, Briganti, JJ)

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