Rent-Stabilized Tenant's Daughter Claims Succession Rights

March 19, 2019

LVT Number: #30010

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. Landlord argued that no trial was needed and asked the court to grant it possession. The daughter had signed renewal leases in tenant's name for some time. The last one expired in December 2018. The daughter claimed that landlord and its workers knew she lived in the apartment and that she had lived there for 40 years. The daughter also said that she had paid rent for 13 years.

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. Landlord argued that no trial was needed and asked the court to grant it possession. The daughter had signed renewal leases in tenant's name for some time. The last one expired in December 2018. The daughter claimed that landlord and its workers knew she lived in the apartment and that she had lived there for 40 years. The daughter also said that she had paid rent for 13 years. Landlord didn't show that it was prejudiced by the daughter's misrepresentations on the lease. It's request for summary judgment was denied. A trial was needed to determine the facts.

JIMS Realty LLC v. Barrett: Index No. 77633/17, NYLJ No. 1549628960 (Civ. Ct. Kings; 1/3/19; Wang, J)

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