PASSING ON APARTMENTS

Tenant's Brother Doesn't Get Mitchell-Lama Apartment

October 26, 2024    

The brother of a Mitchell-Lama tenant claimed succession rights to tenant's apartment after tenant died. HPD ruled against the brother, who then filed an Article 78 court appeal of HPD's decision. The court...

Successor Tenant Entitled to Renewal Lease on Terms That Applied to Tenant's Lease

October 25, 2024    

Landlord sued to evict rent-stabilized tenant's family member after tenant died. The family member claimed succession rights to the apartment on the same terms as provided in tenant's lease. Landlord asked...

Tenant's Daughter Couldn't Claim Pass-on Rights to Unit Already Leased to Tenant's Son

October 13, 2024    

Apartment occupant, who was rent-stabilized tenant's daughter, filed a lease violation complaint with the DHCR. She claimed succession rights to the apartment and said that she had moved in to take care of her...

Tenant's Brother Gets Project-Based Section 8 Apartment After Tenant Dies

August 28, 2024    

Landlord sued to evict apartment occupant after tenant died, claiming that occupant was tenant's live-in aide and licensee who no longer had a right to remain in the project-based Section 8 apartment. Occupant...

Tenant's Son Gets Rent-Stabilized Apartment

August 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. An apartment occupant, who was tenant's son, claimed succession rights. Landlord questioned whether the son met the minimum two-year...

Remaining Family Member in LIHTC Building Gets Rent-Stabilized Apartment

July 29, 2024    

Landlord sued to evict the occupant of an apartment located in a building where some portion of apartments were set aside for low-income tenants after rent-stabilized tenant died. The occupant claimed succession...

Rent-Stabilized Tenant's Brother Gets Tenant's Apartment

July 29, 2024    

Landlord sued to evict rent-stabilized tenant and additional apartment occupants based on tenant's nonprimary residence. While tenant had moved to Georgia and no longer primarily resided in the apartment, tenant...

Rent-Controlled Tenants' Daughter Gets Succession Rights After Tenants Switch Apartments

July 22, 2024    

The daughter of rent-controlled tenants complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease after her parents died and the  prior lease expired on June 30, 2016. Tenant said...

Occupant Claiming to Be Partner of Evicted Tenant Doesn't Get Succession Rights

July 22, 2024    

Apartment occupant filed a lease violation complaint in 2023, claiming succession rights and stating that landlord failed to give her a renewal lease after rent-stabilized tenant was evicted from the apartment....

Rent-Stabilized Tenant's Son Gets Apartment

July 22, 2024    

The son of a deceased rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease after tenant died. The son claimed succession rights to the apartment. The DRA ruled for the son....

Sons of Prior Co-Tenants Get Succession Rights

June 26, 2024    

Landlord sued to evict two apartment occupants who remained in the apartment after prior rent-stabilized tenants moved out. Landlord claimed that their license to remain in the apartment was now terminated. The...

Trial Needed to Determine Legal Rent Applicable to Successor Tenant Under DHCR Agreement

May 24, 2024    

Landlord sued to evict family member successor tenant of rent-stabilized apartment for failure to sign a renewal lease. Tenant claimed that the offered rent amounts were incorrect. In 2005, the prior landlord had...