Rent-Stabilized Tenant's Niece Claims Succession Rights

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant's niece, who occupied the unit, claimed succession rights. Landlord asked the court to dismiss the niece's claim without trial and to award it possession. The court ruled against landlord, finding that a trial was needed to determine the facts. Landlord appealed and lost. Landlord argued that tenant and her niece had concealed tenant's departure from the apartment by continuing to sign renewal leases and pay rent under tenant's name since 2000. But landlord was informed of the niece's succession claim after tenant, her husband, and the niece attempted to have the lease transferred to the niece. Tenant's transfer attempts seemed to be based on a lack of knowledge of succession laws rather than any attempt to deceive landlord. The lower court correctly denied landlord's request. A trial was needed to determine if the niece had succession rights.

700 Bklyn Realty, LLC v. Samuel: Index No. 2019-705 KC, 2020 NY Slip Op 5115(U)(App T. 2 Dept.; 9/4/20; Aliotta, PJ, Weston, Toussaint, JJ)