PASSING ON APARTMENTS

Rent-Controlled Tenant's Life Partner Gets Apartment

March 28, 2025    

Landlord sued to evict apartment occupant some time after rent-controlled tenant died, claiming that she was a licensee whose right to live in the apartment ended when tenant died. The occupant claimed succession...

Mitchell-Lama Tenant's Mother Fails to Prove Succession Rights

March 26, 2025    

After the tenant of an affordable housing unit under the Mitchell-Lama program moved out of his apartment, tenant's mother claimed succession rights. HPD denied the mother's succession request. Tenant's...

Rent-Stabilized Tenant's Son Fails to Prove Succession Rights

March 24, 2025    

An apartment occupant filed a lease violation complaint with the DHCR. He claimed that he was the son of the rent-stabilized tenant of record, that tenant moved into the unit in 1979, that he was born there in 1986...

Non-Traditional Family Member Fails to Prove Succession Rights

February 25, 2025    

Landlord sued to evict rent-controlled tenant and her roommate in 2017, based on tenant's nonprimary residence. The roommate claimed that, even if the unit was no longer tenant's primary residence, he had...

Base Rent for Successor Tenant Deemed to Be Rent Paid at Time of Succession

February 24, 2025    

Rent-stabilized tenant complained to the DHCR that landlord had refused to offer her a renewal lease on the same terms and conditions as her expiring lease. The DRA ruled for tenant.

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

January 27, 2025    

Landlord sued to evict the son of the deceased tenant of a project-based Section 8 apartment, claiming that he was a squatter or licensee whose right to occupy the unit had expired. The son claimed succession rights...

Prior Court Stipulation that Deemed Tenants Rent Stabilized Permitted Pass-on Rights for Daughter

January 26, 2025    

(Decision submitted by David Hershey-Webb, of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLP, attorneys for the tenant.)

Rent-Stabilized Tenant's Son Can't Get Renewal Lease While Tenant Still Living in Apartment

January 20, 2025    

Rent-stabilized tenant's son complained to the DHCR that landlord refused to offer him a renewal lease. Landlord claimed that the son didn't live in the apartment. In response, the son claimed that he'd...

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...