RELATIVES

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...

Trial Needed on Whether Tenant's Son Has Succession Rights

July 26, 2016    

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The son claimed that he was entitled to succession rights and asked the court to decide the case without a trial. The court ruled against...

Tenant's Nephew Seeks DHCR Ruling on Succession Claim

July 25, 2016    

Apartment occupant asked the DHCR to rule on the rent regulatory status of his apartment. He claimed succession rights from his aunt, who was the prior tenant. The DRA ruled for tenant. Landlord appealed, and the...

Tenant's Niece Can't Get NYCHA Apartment

July 15, 2016    

NYCHA tenant’s niece filed an Article 78 appeal of landlord NYCHA’s denial of her request to take over the apartment as a remaining family member after tenant died. The court ruled against the niece....

Tenants' Son Can't Get Subsidized Apartment

June 27, 2016    

Tenants’ son claimed succession rights to an apartment regulated by HPD. HPD ruled against the son, who then filed an Article 78 appeal claiming that HPD’s decision was arbitrary and unreasonable. The...

Landlord Can't Sue Successor Tenant for Nonpayment of Rent

June 20, 2016    

Landlord sued to evict the grandson of deceased rent-controlled tenant for nonpayment of rent. The grandson asked the court to dismiss the case because there was no landlord-tenant relationship between the parties....