Prior Tenant's Stepdaughter Can't Make Succession Claim

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved out, but a remaining apartment occupant claimed that she was the stepdaughter of tenant's father, who had been the prior rent-stabilized tenant until 2009. The stepdaughter claimed that she had lived in the apartment with the prior tenant for at least two years before he died in 2009 and therefore had succession rights. The court ruled against landlord, who sought dismissal of the stepdaughter's claim without trial.

Landlord appealed and won. The appeals court found that the tenant, who had moved out by 2018, became the tenant of record when prior tenant died in 2009. And the apartment occupant didn't show that she was a family member of the most recent rent-stabilized tenant. One judge on the appeals court panel disagreed with the ruling, stating that the Rent Stabilization Code didn't prevent the stepdaughter from making a succession claim based on prior tenant's occupancy at the point when she did. 

901 Bklyn Realty LLC v. Manigat: Index No. 2019-702KC, 2021 NY Slip Op 51017(U), NYLJ No. 1637090162 (App. T. 2 Dept.; 10/15/21; Weston, PJ, Toussaint [dissenting], Golia, JJ)