Tenant's Son Can't Get Rent-Stabilized Apartment

April 15, 2013

LVT Number: #24731

Landlord, a cooperative shareholder, sued to evict rent-stabilized tenant's son after tenant died. Tenant claimed pass-on rights. The court ruled for landlord. The son appealed and lost. Tenant, who was elderly, had lived in the apartment for 30 years, and remained rent stabilized after the building converted to a co-op under an eviction plan. Her son claimed that a prior eviction proceeding on the same grounds had been dismissed and that the building's co-op conversion had been approved by the Attorney General based on fraudulent information submitted by the sponsor.

Landlord, a cooperative shareholder, sued to evict rent-stabilized tenant's son after tenant died. Tenant claimed pass-on rights. The court ruled for landlord. The son appealed and lost. Tenant, who was elderly, had lived in the apartment for 30 years, and remained rent stabilized after the building converted to a co-op under an eviction plan. Her son claimed that a prior eviction proceeding on the same grounds had been dismissed and that the building's co-op conversion had been approved by the Attorney General based on fraudulent information submitted by the sponsor. But the son had no standing to challenge the co-op conversion. And the senior citizen exemption for eviction conversion plans applied only to tenant or her spouse, and can't be construed to give succession rights to any other family member.

AGBH Bel Air Rental, LLC v. Best: 2013 NY Slip Op 23102, 2013 WL 1337201 (App. T. 2 Dept.; 3/20/13; Pesce, PJ, Weston, Rios, JJ)

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