Landlord—Tenant—Rent Stabilization—Succession—Although Tenant and Family Members May Have Purposefully Misled the NYC Dep’t of Finance for Several Years, That Did Not by Itself Defeat Succession Rights

A landlord commenced a holdover proceeding involving a rent stabilized apartment, on the grounds that the respondents were licensees of the tenant of record, who had died on June 27, 2011. Four respondents appeared and argued that the court lacked subject matter jurisdiction, because the landlord had “failed to serve upon the respondents a notice to quit” and that the petition failed “to state a cause of action,” since there was no basis to terminate their tenancy “as they have succession rights.”

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