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Tan et al. v. Coxon et al. (Brooklyn holdover), Kings County L&T Index No. 088083/2011

Case Conclusion Date: 01.15.2012

Practice Area: Landlord & Tenant

Outcome: settled

Description: Here, I represented an extended family who purchased a 4-family home in Brooklyn. The purchase was made subject to a rent control tenancy. The rent control tenant was paying a mere $250/mo for an apartment that could fetch $1,800/mo. The family wanted to take the house out of the rental market and give it to one of their family members; however, they could not do so because the woman was elderly and the rent control law does not allow it. The rent control tenant proceed to allow her daughter, son-in-law and granddaughter to move into the space with substantial increase in the use of utilities which my clients also paid. Moreover, the daughter had succession rights to the apartment with the result that their would be a second generation of rent control tenants paying $250/mo. My clients could not raise rent because of certain violations that existed in connection with the space. I brought a holdover proceeding to evict the rent control tenant and her family on the basis on nuisance (they smoked non-stop), but ultimately settled so that the family could take possession of the space and the rent control tenant and her family could walk away with some money. Everyone got what they wanted.

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