Rent-Stabilized Tenant's Sister Doesn't Have Succession Rights

Landlord sued to evict rent-stabilized tenant in 2012, based on nonprimary residence. In February 2013, landlord and tenant signed a settlement agreement in court and the court issued an eviction warrant. They agreed to stay the eviction warrant until tenant's mother either moved out of the apartment or passed away. In 2018, landlord asked the court for a ruling that tenant's mother had vacated the apartment or to hold a hearing to determine whether she was still alive. The court ruled for landlord, granting permission to execute on the eviction warrant with a stay of execution until November 2018. Additional apartment occupants surfaced at this time and requested delays of the eviction date. The court granted a stay through April 2019. Occupants then appealed and lost. One of the apartment occupants then asked the housing court for permission to intervene in the eviction proceeding, claiming succession rights to the apartment. She claimed that she was tenant's sister and had lived in the apartment since 1986. 

The court ruled against the sister. It was undisputed that tenant had moved out in 1995 or 1996, and continued at that time to sign renewal leases. The last renewal lease signed between landlord and tenant ended Aug. 31, 2012. So, the sister would have to prove that she lived in the apartment as her primary residence with tenant during the two-year period between September 2010 and August 2012. The sister offered no proof that she lived with tenant during that time period or at any other time. So, the sister didn't establish a colorable claim to succession or that she had a substantial right that would be interfered with if she wasn't allowed to now intervene in the case. The sister had, in fact, enjoyed occupancy of the apartment for 10 years after the eviction warrant was issued. Further litigation of this concluded proceeding would cause unreasonable delay and prejudice to landlord.

Sino Realty, Inc. v. Yung: Index No. L&T79704/12, 2022 NY Slip Op 22162 (Civ. Ct. NY; 5/20/22; Bacdayan, J)