Tenant's Grandson's Income Insufficient to Inherit Co-op Apartment

July 31, 2010

LVT Number: #22819

Landlord cooperative corporation sued to evict tenant shareholder's grandson after tenant died. Landlord claimed the nephew was an unauthorized apartment occupant. Tenant's sister, who was the executor of tenant's estate, had allowed the grandson to move in. The sister asked landlord to consent to transfer of the co-op shares to the grandson. Landlord refused, and the court found that this was reasonable. Monthly maintenance for the apartment was over $700, but the grandson earned only $800 per month. The proprietary lease allowed for transfer only to financially responsible persons.

Landlord cooperative corporation sued to evict tenant shareholder's grandson after tenant died. Landlord claimed the nephew was an unauthorized apartment occupant. Tenant's sister, who was the executor of tenant's estate, had allowed the grandson to move in. The sister asked landlord to consent to transfer of the co-op shares to the grandson. Landlord refused, and the court found that this was reasonable. Monthly maintenance for the apartment was over $700, but the grandson earned only $800 per month. The proprietary lease allowed for transfer only to financially responsible persons. Since grandson's income was insufficient to pay maintenance and his living expenses, landlord's decision was reasonable.

Hugh Grant Gardens HDFC v. Rodriguez: NYLJ, 7/28/10, p. 28, col. 1 (Civ. Ct. Bronx; Kraus, J)

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