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Re: Succession Rights?.......HERE IS THE CASE!

Posted by Mark Smith on October 08, 2000 at 00:14:49:

In Reply to: Re: Succession Rights?.......HERE IS THE CASE!!!!!!!!!! posted by richard on October 07, 2000 at 15:35:19:

Thanks, Richard, for providing that case. So many provisions of the 1997 rent law apply to pending cases, which has been very harmful to tenants, especially in overcharge cases, with the four-year period for challenging an overcharge.

It's fortunate for the tenant that Judge Billings chose to rule on the merits of the issues of succession and the rent to be charged to the successor. Judge Billings could have dismissed the case, without prejudice, because there was no valid agent to bring the case.

:
: Case Caption:
: Vartarian v. Brady
: Issues/Legal Principles:
: Nephew attains succession rights because such rights accrued before June 19, 1997 when the law changed to exclude nephews from the roster of family members who may succeed to a tenancy after the prime tenant has permanently vacated or died.

: Keywords: succession rights
: Court: Civil Court, New York County
: Judge: Hon. Lucy Billings
: Date: September 29, 1999
: Citation: NYLJ, page 27, col 5
: Referred Statutes: 9 NYCRR 2204.6(d); Public Housing Law 14(4); Administrative Code 26-403(2); RPAPL 741

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