PASSING ON APARTMENTS

Nephew of Mitchell-Lama Co-op Tenant Fails to Prove Succession Rights

December 19, 2024    

After the tenant-shareholder of a Mitchell-Lama co-op apartment died, her nephew claimed succession rights to the apartment. HPD held a hearing, ruled against the nephew, and issued a certificate of eviction to the...

Occupant Fails to Prove Succession Rights to Rent-Controlled Tenant's Apartment

November 25, 2024    

Landlord sued to evict rent-controlled tenant and additional apartment occupant, claiming tenant no longer primarily resided in the apartment. Tenant had moved into a facility without a discharge plan when the case...

RFAI Returned to DHCR Indicated Daughter Didn't Live in Apartment

November 24, 2024    

An apartment occupant filed a lease violation complaint with the DHCR, claiming that she had lived in a rent-stabilized apartment since 1994 and that landlord failed to sign and return a renewal lease to her for the...

Landlord's Notice to Quit to Son After Tenant's Death Was Proper and Sufficient

November 20, 2024    

Landlord sued to evict occupant of project-based Section 8 apartment after tenant died. The occupant claimed that he was tenant's son and had succession rights. Landlord claimed that the occupant was now a...

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...