Tenant's Son Must Pay Use and Occupancy While Succession Claim Is Pending

Landlord sued to evict rent-stabilized tenant's estate for nonpayment of rent in late 2018, after tenant died in March 2018. Tenant's son, in turn, responded to the case and claimed succession rights. The son argued that he shouldn't be responsible for any rent arrears accrued under tenant's lease and while he didn't have his own lease. Landlord argued that the son should still pay use and occupancy while the court case was pending.

The court ruled for landlord in part. Landlord wasn't entitled to collect rent from the son. No lease has been given to the son, and it would be unfair to make a rent determination while the succession issue was being litigated. The landlord was fully precluded from receiving any rent payments since no landlord/tenant relationship had been created with the son, and the tenant, or at least tenant's estate, was in possession of the apartment. But the court awarded use and occupancy while the case was pending from the date that landlord request u&o, retroactively until Oct. 1, 2020, until such time as the case was resolved. The monthly u&o here is for periods after tenant died and while her renewal lease was still in effect. The request here was submitted to the court for decision prior to the passage of CEEFPA and was stayed pending the respondent's filing of a Hardship Declaration. Since the U.S. Supreme Court has stayed enforcement of Part A of CEEFPA, the case is no longer stayed. 

2114 Realty LLC v. Estate of Sanabria: Index No. L&T96735/18, 2021 NY Slip Op 50797(U)(Civ. Ct. Kings; 8/18/21; Slade, J)