Rent-Stabilized Tenant's Estate Administrator Claims Succession Rights

Landlord sued to evict apartment occupant, claiming that after rent-stabilized tenant died, tenant’s estate improperly sublet the apartment to the estate administrator in her personal capacity. Landlord claimed that, since the administrator hadn’t lived with tenant for two years before tenant died, the administrator wasn’t entitled to do this. Landlord asked the court for permission to conduct pre-trial questioning. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue to evict tenant’s immediate family member with long-standing connections to the apartment even if the tenant no longer lived there. The court ruled against tenant because other cases concerning family occupancy in subletting cases didn’t apply where tenant had died. The estate administrator had a right to possession in her capacity as representative of tenant’s estate but not in her individual capacity. The real issue before the court was the administrator’s succession claim. The court granted landlord’s request to conduct pretrial questioning.

Westbeth Corp. HDFC, Inc. v. Gross: 53 Misc.3d 1211(A), 2016 N.Y. Slip Op. 51589(U) (Civ. Ct. NY; 11/4/16; Kraus, J)