RELATIVES

Family Member Was in Jail for Some Period Before Tenant Died

December 20, 2016    

Landlord sued to evict apartment occupant after tenant died. Occupant claimed succession rights to the apartment and landlord asked the court for permission to conduct pre-trial questioning. Occupant objected. He had...

Tenant's Disabled Granddaughter Gets Apartment

December 20, 2016    

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. Landlord claimed that the granddaughter was a licensee, but the granddaughter claimed that she had succession rights. The court...

Rent-Stabilized Tenant's Daughter Gets Apartment

December 19, 2016    

The daughter of rent-stabilized tenant claimed succession rights and rent overcharge. The DRA ruled for the daughter, finding that she had established succession rights, and ordered landlord to refund $4,725,...

Appeals Court Must Decide Husband's Petition for Succession Rights

December 15, 2016    

Landlord denied husband’s request for apartment succession rights after tenant died. The husband claimed that he was a remaining family member and filed an Article 78 appeal in State Supreme Court. The court...

Tenant's Daughter Can't Get Rent-Stabilized Apartment

November 28, 2016    

Rent-stabilized tenant’s daughter claimed succession rights to tenant’s apartment after tenant died. The DHCR ruled against the daughter, who filed an Article 78 court appeal and lost. The court and...

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

November 17, 2016    

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...

Rent-Controlled Tenant's Son Gets Apartment

October 25, 2016    

Landlord sued to evict rent-controlled tenant’s son after tenant died. The trial court ruled against landlord and found that the son proved he had succession rights. Landlord appealed and lost. The record...

Daughter Gets Rent-Controlled Apartment

October 21, 2016    

Landlord sued to evict rent-controlled tenant’s daughter after tenant died. The daughter claimed succession rights. Tenant died in 2015 at the age of 99. Her daughter was 72 and claimed that she moved into the...

Did Tenant Reside in Apartment for One Year Before She Permanently Vacated?

September 28, 2016    

Rent-stabilized tenant’s son complained to the DHCR that landlord wouldn’t give him a renewal lease when tenant moved into a Florida nursing home in 2013. Tenant died in 2015. The son claimed that he had...

NYCHA Must Reconsider Daughter's Succession Claim

August 17, 2016    

NYCHA tenant’s daughter filed a remaining family member grievance, seeking succession rights to tenant’s apartment. NYCHA ruled against the daughter for failure to pay use and occupancy. The daughter...

Trial Needed on Succession Rights Claim by Rent-Stabilized Tenant's Son

August 17, 2016    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in upstate New York and that tenant’s son lived in the apartment. Tenant acknowledged that he didn...

Tenant's Grandnephew Gets Mitchell-Lama Co-op Apartment

August 16, 2016    

The grandnephew of a deceased Mitchell-Lama cooperative tenant filed an Article 78 court appeal of HPD’s decision that he didn’t have succession rights to tenant’s apartment. The court ruled for the...