Sons of Prior Co-Tenants Get Succession Rights

June 26, 2024

LVT Number: #33254

Landlord sued to evict two apartment occupants who remained in the apartment after prior rent-stabilized tenants moved out. Landlord claimed that their license to remain in the apartment was now terminated. The occupants, who were sons of the prior tenant and co-tenant respectively, claimed succession rights. After trial, the court ruled for the sons and dismissed the case. They proved they were family members of the prior tenants and that they both resided with the prior tenants for at least two years before any conceivable time that the prior tenants had permanently vacated the unit.

Landlord sued to evict two apartment occupants who remained in the apartment after prior rent-stabilized tenants moved out. Landlord claimed that their license to remain in the apartment was now terminated. The occupants, who were sons of the prior tenant and co-tenant respectively, claimed succession rights. After trial, the court ruled for the sons and dismissed the case. They proved they were family members of the prior tenants and that they both resided with the prior tenants for at least two years before any conceivable time that the prior tenants had permanently vacated the unit. The court noted that, just as prior tenants each had entitlement to occupancy independent of one anothr, the successors to co-tenants had an independent entitlement to occupancy even if the co-tenants vacated at different times. 

418 W. 130 St. LLC v. Espinal: 82 Misc.3d 1245(A), 2024 NY Slip Op 50540(U)(Civ. Ct. NY; 5/8/24; Stoller, J)

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