Tenant's Wife Claims Succession Rights After Tenant Agrees to Move Out

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement converting the case to a holdover proceeding and providing for a final judgment in landlord’s favor. Tenant moved out of the apartment in November 2015. Tenant’s wife later claimed that she was entitled to succession rights to the apartment and couldn’t be evicted under the case against tenant. The court ruled for the wife. Landlord had no right to evict the wife in the context of the holdover case, and there was no longer any pending nonpayment proceeding for the wife to appear in and defend against. Landlord must start a new eviction case against the wife.

153-157 Lenox Holdings LLC v. Konare: Index No. L&T 64362/15, NYLJ No. 1202753507611 (Civ. Ct. NY; 3/11/16; Kraus, J)