PASSING ON APARTMENTS

No Negative Inference Drawn by Court Where Tenant Didn't Testify

November 25, 2022    

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister...

Apartment Occupant Can't Get Succession Rights to NYCHA Apartment

November 24, 2022    

In 2019, after a hearing, NYCHA denied occupant's application for succession rights to tenant's apartment as a remaining family member. The occupant then filed an Article 78 court appeal and lost. She then...

Tenant's Son Can't Get Mitchell-Lama Co-op Apartment

November 23, 2022    

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found...

Son of Rent-Controlled Tenants Is First Successor, Not Second

November 22, 2022    

Tenant filed an application with the DHCR for an administrative determination (AD), claiming rights as a first successor tenant to his parents' rent-controlled apartment. Tenant said that his parents signed a...

Claimed Polyamorous Partner Can Seek Succession Claim to Rent-Stabilized Apartment

October 25, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. Landlord asked the court to rule against occupant without a trial...

Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party

September 27, 2022    

Landlord brought a licensee holdover proceeding to evict the daughter of a shareholder-tenant in a limited income housing cooperative. Landlord asked the court for a ruling without trial because HPD had ruled that...

Tenant's Grandson Gets Rent-Controlled Apartment

August 22, 2022    

Landlord asked the DHCR for a ruling on the rent regulatory status of an apartment. A rent-controlled tenant had lived in the apartment until her death in 2016. Tenant had continued to pay rent although she bought a...

Rent-Stabilized Tenant's Daughter Proved Succession Rights

July 19, 2022    

Rent-stabilized tenant's daughter filed a lease violation complaint with the DHCR in 2020 after landlord refused to offer her a renewal lease in her name. Tenant moved out in 2009, and the daughter claimed...

Rent-Stabilized Tenant's Son Gets Apartment

July 19, 2022    

The son of deceased rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease. The son claimed succession rights and said he had lived in the apartment with tenant for 20 years...

Rent-Stabilized Tenant's Sister Doesn't Have Succession Rights

June 24, 2022    

Landlord sued to evict rent-stabilized tenant in 2012, based on nonprimary residence. In February 2013, landlord and tenant signed a settlement agreement in court and the court issued an eviction warrant. They agreed...

Health Care Aide Fails to Prove Succession Rights to Rent-Stabilized Tenant's Apartment

May 25, 2022    

An apartment occupant complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease after tenant died. She claimed she was the "daughter" and "primary health care attendant...

Nontraditional Family Member Gets Rent-Stabilized Apartment

May 25, 2022    

An apartment occupant complained to the DHCR that landlord refused to give him a renewal lease after rent-stabilized tenant died. The occupant claimed that he had succession rights as a nontraditional family member....