Tenant's Brother Can't Get Fees in Pass-On Case

January 1, 1997

LVT Number: 11121

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The court ruled against landlord, finding that the brother was a remaining family member who was entitled to become tenant. The brother then asked for attorney's fees, which tenant's lease provided for. The court ruled against the brother, and he appealed. The appeals court again ruled against the brother. When landlord started the eviction proceeding, the brother had no lease; he was merely claiming the right to take over deceased tenant's apartment.

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The court ruled against landlord, finding that the brother was a remaining family member who was entitled to become tenant. The brother then asked for attorney's fees, which tenant's lease provided for. The court ruled against the brother, and he appealed. The appeals court again ruled against the brother. When landlord started the eviction proceeding, the brother had no lease; he was merely claiming the right to take over deceased tenant's apartment. Without a lease clause permitting attorney's fees, the brother had no claim.

245 Realty Assocs. v. Sussis: NYLJ, p. 25, col. 1 (12/4/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

Topics

More like this