UNRELATED PERSONS

Trial Needed on Whether Occupant Was Nontraditional Family Member

April 19, 2016    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that he was now out of the apartment, but apartment occupant claimed succession rights as a nontraditional family member....

Occupant Claiming Pass-on Rights Not Entitled to Pretrial Questioning

September 19, 2015    

Landlord sued to evict apartment occupant who claimed succession rights after rent-stabilized tenant died. The court granted landlord’s request to conduct pretrial questioning but denied occupant’s...

Tenant's Domestic Partner Gets Apartment

July 22, 2015    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he was 74 years old and had lived with tenant for over 30 years as her spouse. Tenant’s death certificate...

Tenant's Ex-Wife Gets Vacancy Lease with New Husband

May 22, 2015    

Tenant complained of rent overcharge. Among other things, she said that landlord improperly...

Tenant's Life Partner Gets Rent-Stabilized Apartment

April 19, 2015    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights based on a nontraditional marital relationship with tenant. The court ruled for occupant and dismissed...

Common Law Wife Didn't Prove Succession Rights

January 23, 2015    

An apartment occupant claimed succession rights to rent-stabilized tenant's apartment. The DRA ruled against occupant, who appealed and lost. Occupant claimed that she had lived with tenant as his common law wife...

Mitchell-Lama Tenant's Goddaughter Gets Apartment

August 14, 2014    

Occupant of rent-controlled Mitchell-Lama apartment claimed succession rights after tenant moved out. HPD ruled against occupant after a hearing and issued a certificate of eviction. Occupant then filed an Article 78...

NYCHA Tenant's Fiance Can't Get Apartment

June 17, 2014    

NYCHA tenant's fiance claimed succession rights to the apartment after tenant died. NYCHA ruled against the fiance, who appealed and lost. The fiance didn't get written permission from NYCHA to live in the...

Alleged Occupants Waited Too Long to Claim Rights to SRO Units

May 13, 2014    

In 2005, landlord sued to evict two occupants of combined SRO units after the permanent tenant of record died. The occupants claimed succession rights but failed to comply with court-ordered pre-trial questioning. In...

Apartment Occupant Has No Succession Rights

March 21, 2014    

(Decision submitted by David M. Berger, Esq., of the Brooklyn law firm of Tenenbaum Berger & Shivers LLP, who represented the landlord.)

Family Member Can't Get Tenant's Apartment

January 13, 2014    

Landlord sued to evict rent-stabilized tenant and apartment occupant based on tenant's nonprimary residence. Occupant claimed that she had succession rights to the apartment. After pretrial questioning, landlord...

Occupant Doesn't Prove Nontraditional Family Member Status

January 13, 2014    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was a nontraditional family member entitled to succession rights. The trial court ruled for occupant and dismissed...