In a precedent-setting case, David won succession rights for the surviving son of an artist who was a rent-stabilized tenant of a joint live/work loft. In Kamen v Buchanan, the Zoning Resolution limited the occupancy of the loft to “certified artists.” The original tenant was certified, but his son was not. Thus, when the father died, the landlord sought to evict the son, even though the apartment was stabilized. The appellate court agreed with David and rejected this argument.
Dated: March 17, 2022
