Tenant's Son Claims Illegal Lockout

April 23, 2015

LVT Number: #26127

Rent-controlled tenant's son sued landlord for illegal lockout after tenant died. The court granted landlord's request to dismiss the case without a trial. The son appealed, and the case was reopened. There were questions of fact as to whether the son was in possession of the apartment at the time of the lockout. Whether the son had been in the apartment for at least 30 days before tenant died may be relevant to a question of whether there was a landlord-tenant relationship, but didn't determine whether landlord's forcible entry was proper.

Rent-controlled tenant's son sued landlord for illegal lockout after tenant died. The court granted landlord's request to dismiss the case without a trial. The son appealed, and the case was reopened. There were questions of fact as to whether the son was in possession of the apartment at the time of the lockout. Whether the son had been in the apartment for at least 30 days before tenant died may be relevant to a question of whether there was a landlord-tenant relationship, but didn't determine whether landlord's forcible entry was proper. Whether the son had succession rights wasn't the issue at this point either.

Goncalves v. Soho Village Realty, Inc.: 2015 NY Slip Op 25080, 2015 WL 1186754 (App. T. 1 Dept.; 3/16/15; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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