RELATIVES

Mitchell-Lama Tenant's Granddaughter Can't Get Apartment

March 10, 2020    

The granddaughter of a deceased Mitchell-Lama co-op tenant in an apartment regulated by HPD claimed succession rights after tenant died. HPD held a hearing and ruled against the granddaughter, who filed an Article 78...

Tenant's Granddaughter Gets Rent-Stabilized Apartment

February 25, 2020    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. One of the occupants claimed that she was tenant's granddaughter and that she had succession rights. The trial court ruled for the...

NYCHA Tenant's Grandson Can't Get Apartment

February 25, 2020    

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died. NYCHA held a hearing and denied the grandson's request. The grandson then filed an Article 78 court appeal, claiming...

Two Family Members Can't Get Succession Rights at Same Time

January 28, 2020    

The wife of a deceased rent-stabilized tenant claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease. The DRA ruled for the wife and directed landlord to offer a rent-...

Court Dismisses Illegal Sublet Claim Against Daughter Claiming Pass-On Rights

January 27, 2020    

Landlord sued to evict rent-stabilized tenant's estate and her daughter after tenant died and the daughter advised landlord that she was claiming succession rights. Landlord claimed illegal sublet against the...

Rent-Stabilized Tenants' Daughter Can't Remain in Apartment

December 19, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants' daughter claimed succession rights. The trial court ruled for landlord. Tenants appealed and lost, then appealed again to a higher...

Rent-Stabilized Tenant's Aunt Didn't Prove Succession Rights

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for not renewing her lease. Landlord also named apartment occupant, who was tenant's aunt, in the eviction proceeding. The tenant had moved out, and the aunt claimed...

Rent-Controlled Tenant's Son Was First, Not Second, Successor Tenant

December 18, 2019    

Rent-controlled tenant complained of rent overcharge. Landlord claimed that tenant was a second successor tenant and that it therefore was entitled to collect a vacancy increase from the tenant. The DRA found that...

Does Rent-Stabilized Tenant's Daughter Have Succession Rights?

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter asked the court to dismiss the case without trial. The court ruled against the daughter, who appealed and lost. Documentary...

Daughter of Rent-Stabilized Tenant Gets Apartment

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court ruled for the daughter. Landlord appealed and lost. Despite some procedural errors by the lower court, the daughter'...

Landlord Can't Evict Tenant's Daughter While Succession Claim Grievance Still Pending

October 28, 2019    

Landlord sued to evict tenant's adult daughter after tenant died. The daughter had filed an Article 78 appeal of NYCHA's decision denying her remaining family member grievance, and it was undisputed that the...

Daughter of Formerly Rent-Controlled Tenants Can't Get Replacement Apartment

September 25, 2019    

Tenants' daughter complained that the deceased tenants, who were her parents, had been rent controlled and that landlord failed to renew a lease in her name. The DRA ruled against the daughter, who appealed and...