Landlord-Tenant—Succession—”No Bright Line Rule” For Determining the Date of Permanent Vacatur by Tenant

A LANDLORD COMMENCED a summary holdover proceeding, alleging that the tenant of record (tenant) “surrendered her rent-stabilized tenancy and that the license to occupy the apartment of remaining occupants has expired.” The tenant's daughter asserted that she is entitled to succeed to her mother's tenancy. The daughter alleged that she had lived in the apartment since she was two and a half years old. The landlord sought summary judgment.

The landlord had commenced a nonpayment summary eviction proceeding in 2015 against the mother. Although the mother did not appear in the proceeding, the daughter answered and had appeared in court. The landlord alleged that during the 2015 proceeding, the daughter had stated that the tenant “had 'permanently vacated' the apartment in August 2014 and moved to the Dominican Republic.” A stipulation of adjournment in the 2015 proceeding, signed by the daughter, “sets forth this claim.”