Rent-Stabilized Tenant's Son Claims Succession Rights

January 25, 2017

LVT Number: #27465

Landlord sued to evict rent-stabilized tenant’s estate, as well as remaining apartment occupant, for nonpayment of rent. Tenant’s last renewal lease had expired, there was no representative appointed for tenant’s estate, and the apartment occupant failed to appear in court. The court ruled for landlord and issued an eviction warrant. Occupant asked the court to reopen the case, claiming succession rights as tenant’s son. The court ruled for occupant, although landlord claimed that occupant showed nothing to support his succession claim.

Landlord sued to evict rent-stabilized tenant’s estate, as well as remaining apartment occupant, for nonpayment of rent. Tenant’s last renewal lease had expired, there was no representative appointed for tenant’s estate, and the apartment occupant failed to appear in court. The court ruled for landlord and issued an eviction warrant. Occupant asked the court to reopen the case, claiming succession rights as tenant’s son. The court ruled for occupant, although landlord claimed that occupant showed nothing to support his succession claim. The court disagreed, found that occupant had a potentially meritorious defense, and hadn’t willfully defaulted. The judgment of possession and eviction warranted were vacated so that the son could present his succession defense.

 

 

 

249 East 37 Properties LLC v. Barrett: Index No. 098866/2015, NYLJ No. 1202775025997 (Civ. Ct. Kings; 11/30/16; Sikowitz, J)

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