Tenant's Brother Claims Succession Rights

October 10, 2012

LVT Number: #24379

Landlord sued to evict apartment occupant, who was rent-stabilized tenant's brother, after tenant moved out. The court ruled for landlord without a trial. Occupant appealed, and the case was reopened. There were questions of fact that required a trial. It was unclear whether the brother made a timely succession claim when tenant moved out permanently or whether he was a first successor since landlord had initially recognized tenant's nephew as a successor tenant.

Landlord sued to evict apartment occupant, who was rent-stabilized tenant's brother, after tenant moved out. The court ruled for landlord without a trial. Occupant appealed, and the case was reopened. There were questions of fact that required a trial. It was unclear whether the brother made a timely succession claim when tenant moved out permanently or whether he was a first successor since landlord had initially recognized tenant's nephew as a successor tenant.

4848 Broadway Investor LLC v. Santana: NYLJ, 9/13/12, p. 24, col. 2 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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