Trial Needed on Succession Rights Claim by Rent-Stabilized Tenant's Son

August 17, 2016

LVT Number: #27136

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in upstate New York and that tenant’s son lived in the apartment. Tenant acknowledged that he didn’t live in the apartment, but his son raised various defenses. Landlord asked the court to strike defenses raised by tenant and tenant’s son. The court ruled for landlord, in part. Laches is not a defense that can be applied in a nonprimary residence case. So this defense was stricken.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in upstate New York and that tenant’s son lived in the apartment. Tenant acknowledged that he didn’t live in the apartment, but his son raised various defenses. Landlord asked the court to strike defenses raised by tenant and tenant’s son. The court ruled for landlord, in part. Laches is not a defense that can be applied in a nonprimary residence case. So this defense was stricken. But the son’s claim to a renewal lease as a successor tenant required a trial to determine the facts.

 

 

 

 

Missionary Sisters v. Lavelle: 2016 NY Slip Op 51142(U), 2016 WL 4064163 (Civ. Ct. NY; 7/29/16; Kraus, J)

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