Landlord & Tenant

Supreme Ct., NY Cty

(Lebovitz, J.)

In landlord's summary nonpayment proceeding, landlord sought to amend a judgment against named tenants to permit enforcement against their son. The court denied the motion, holding that the son was entitled to claim succession rights in the context of a nonpayment proceeding.

Diaz, the current occupant of the apartment, allegedly lived there with his parents until his parents returned to the Dominican Republic. Before they left, the parents defaulted on the rent, leading to this nonpayment proceeding brought against the parents. The court entered a default judgment against the parents, but denied any judgment against Diaz. When Diaz received a marshal's notice of eviction addressed to his parents, Diaz filed an order to show cause, and landlord responded with a motion to amend the earlier judgment to permit enforcement against Diaz. Diaz is disabled by multiple sclerosis, and would be eligible to have his rent paid by the Department of Social Services if he has tenancy rights; DSS will not pay rent if the lease is not in his name. Diaz took the position that he enjoyed succession rights to the rent-stabilized apartment he had lived in since birth. Landlord contended that a tenant may only claim succession rights in the context of a holdover proceeding.

In holding that Diaz was entitled to raise his succession rights in a nonpayment proceeding, the court emphasized that if landlord had brought a holdover proceeding at the expiration of the lease issued to Diaz' parents, Diaz would have been entitled to assert his claim to succession rights, and, if successful, would have been entitled to request that DSS pay rent for the apartment. The court concluded that Diaz should not lose his claim to succession rights merely because landlord did not bring a holdover proceeding, relying instead on this nonpayment proceeding. Accordingly, the court concluded that a hearing was necessary to determine Diaz' succession rights.

Occupant Successfully Asserts Succession Rights in Nonpayment Proceeding

Acquisition America v. Diaz

NYLJ 8/20/08, p. 26, col. 1

Supreme Ct., NY Cty

(Lebovitz, J.)

In landlord's summary nonpayment proceeding, landlord sought to amend a judgment against named tenants to permit enforcement against their son. The court denied the motion, holding that the son was entitled to claim succession rights in the context of a nonpayment proceeding.

Diaz, the current occupant of the apartment, allegedly lived there with his parents until his parents returned to the Dominican Republic. Before they left, the parents defaulted on the rent, leading to this nonpayment proceeding brought against the parents. The court entered a default judgment against the parents, but denied any judgment against Diaz. When Diaz received a marshal's notice of eviction addressed to his parents, Diaz filed an order to show cause, and landlord responded with a motion to amend the earlier judgment to permit enforcement against Diaz. Diaz is disabled by multiple sclerosis, and would be eligible to have his rent paid by the Department of Social Services if he has tenancy rights; DSS will not pay rent if the lease is not in his name. Diaz took the position that he enjoyed succession rights to the rent-stabilized apartment he had lived in since birth. Landlord contended that a tenant may only claim succession rights in the context of a holdover proceeding.

In holding that Diaz was entitled to raise his succession rights in a nonpayment proceeding, the court emphasized that if landlord had brought a holdover proceeding at the expiration of the lease issued to Diaz' parents, Diaz would have been entitled to assert his claim to succession rights, and, if successful, would have been entitled to request that DSS pay rent for the apartment. The court concluded that Diaz should not lose his claim to succession rights merely because landlord did not bring a holdover proceeding, relying instead on this nonpayment proceeding. Accordingly, the court concluded that a hearing was necessary to determine Diaz' succession rights.