Wife Gets Succession Rights to Tenant's Rent-Controlled Apartment

November 17, 2016

LVT Number: #27313

Landlord sued to evict tenant’s wife, who claimed succession rights. The court ruled for the wife and dismissed the case. Landlord appealed and lost. First, the trial court properly found that, although the apartment was rent stabilized when tenant moved into it in 1972, it reverted to rent control in 1984 pursuant to an agency expulsion order terminating landlord’s membership in Rent Stabilization Association. The wife also showed that she had lived in the apartment continually from the inception of the tenancy until tenant died 43 years later.

Landlord sued to evict tenant’s wife, who claimed succession rights. The court ruled for the wife and dismissed the case. Landlord appealed and lost. First, the trial court properly found that, although the apartment was rent stabilized when tenant moved into it in 1972, it reverted to rent control in 1984 pursuant to an agency expulsion order terminating landlord’s membership in Rent Stabilization Association. The wife also showed that she had lived in the apartment continually from the inception of the tenancy until tenant died 43 years later. The trial court also found that tenant didn’t permanently vacate the apartment until his death in 2009.

 

 

 
92 Allen LLC v. Chan: 53 Misc.3d 132(A), 2016 N.Y. Slip Op 51395(U) (App. T. 1 Dept.; 10/4/16; Shulman, JP, Ling-Cohan, Gonzalez, JJ)

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