Scott Mollen Realty Law Digest
Scott Mollen discusses two landlord-tenant cases: "West 49th St., LLC v. O'Neill," and "Apartment Owners Advisory Council v. Marks."
November 22, 2022 at 12:19 PM
19 minute read
Landlord-Tenant—Rent Stabilization—Nontraditional Family Member Succession—Alleged Three Party Relationship—Landlord Claimed Tenant and Respondent Were Only Roommates—Court Found Issues Of Fact Remain As to Respondent's Relationship With The Deceased Tenant and Respondent's Non‑Monogamous Relationship Did Not Automatically Bar Succession Right—Case Presented "Distinct and Complex Issue Of Significant Multi-Person Relationships—Court Questioned Whether The Word 'Two' Is A 'Code Word' For "Monogamy"—The Court Also Questioned Why a Relationship Has To Be Characterized by 'Exclusivity' and Why Nontraditional Relationships Must Comprise Or Include Only Two Primary Persons
A landlord commenced a licensee holdover proceeding against the respondent, following the death of the rent stabilized tenant of record (tenant).
The tenant's last renewal lease expired on Dec. 21, 2021. The landlord had served the respondent with a licensee Notice to Quit pursuant to Real Property Actions and Proceedings Law (RPAPL) 713(7), and a Notice of Petition and Petition.
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