Tenant's Daughter Gets Rent-Stabilized Apartment

July 24, 2017

LVT Number: #27807

Landlord sued to evict four apartment occupants after rent-stabilized tenant died in 2011. Occupants claimed succession rights. After trial, the court ruled against landlord in part and found that two of the occupants had succession rights. Tenant's daughter and granddaughter showed through tax, voting, and phone records that they lived with tenant at least two years before her death. Although tenant may have purposely misled DOF about who occupied the apartment in order to obtain SCRIE benefits, this by itself wasn't enough to bar succession. 

Landlord sued to evict four apartment occupants after rent-stabilized tenant died in 2011. Occupants claimed succession rights. After trial, the court ruled against landlord in part and found that two of the occupants had succession rights. Tenant's daughter and granddaughter showed through tax, voting, and phone records that they lived with tenant at least two years before her death. Although tenant may have purposely misled DOF about who occupied the apartment in order to obtain SCRIE benefits, this by itself wasn't enough to bar succession. 

408 St. John's Place LLC v. Estate of Bartholomew: Index No. LT77312/12, NYLJ No. 1202788436444 (Civ. Ct. Kings; 5/12/17; Cohen, J)

Topics

More like this