Tenancy Succession Rights (2-22-19)

Since Prof. Baldacci’s last update in March 2016, over 125 cases dealing with aspects of succession law have been added to his succession materials.  Some of these recent cases have significantly changed the landscape of this important tenant-protective scheme, e.g., regarding fixing the date of permanent vacating, timely raising a succession claim, tax filings and their implications for the primary co-residence requirement, rental obligation of successors, the effect of not being on an annual family recertification in Mitchell-Lama and Section 8 housing, etc.  After a brief overview of the public policy underlying and the prima facie elements of the affirmative defense of succession, we will spend most of our time reviewing these important recent developments (and others, time permitting).   Remember that this course does not deal with remaining family member claims in public housing.

  • CLE Credits
    Areas of Professional Practice: 3.00
  • Format
    On-Demand/Recorded - Audio/Video File
  • Practice Area(s)
  • Price: $150
  • Materials
    Contains 5 training item(s)

About the Faculty

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    Paris Baldacci (Speaker)

    Paris R. Baldacci is a Clinical Professor Emeritus of Law at the Benjamin N. Cardozo School of Law, where he was the founder and Director of the Housing Rights Clinic and the LGBT Litigation and Leadership Practicum, and a supervising attorney in the Bet Tzedek Legal Services Clinic.  Prior to teaching at Cardozo, he was a staff attorney with the Legal Aid Society (1987-1991), specializing in landlord-tenant law.  He was also the Chair of the Committee on Housing Court of the Bar Association of the City of New York, 1996 – 1999; a member of the Bar Associations’ Committee on the Judiciary, 1996 – 2003; and a public member of the Housing Court Advisory Council, 2012-2015.   Prof. Baldacci was co-counsel for defendant-intervenors in Rent Stabilization Associates v. Higgins, in which the Court of Appeals unanimously upheld DHCR’s regulatory codification of tenancy succession protections for same-sex and other functional families. 83 N.Y.2d 156 (1993).  He has litigated succession claims and written amicus briefs in succession-related cases.  He has lectured and written on tenancy succession rights and conducts a biennial CLE training program on developments in tenancy succession law in New York City and State for Legal Services of New York, which distributes his regularly updated monograph, "Baldacci on Succession Rights in Rent-Regulated and Subsidized Housing in New York.”    His other publications include “A Full and Fair Hearing: the Role of the ALJ in Assisting the Pro Se Litigant,” 27 Journal of the National Association of Administrative Law Judiciary 447 (Fall 2007); “Protecting Gay and Lesbian Families from Eviction from Their Homes: The Quest for Equality for Gay and Lesbian Families in Braschi v. Stahl Associates,” 13 Texas Wesleyan L.R. 619 (2007); “The Role of the Judge in Assisting Pro Se Litigants in Litigating Their Cases in New York City’s Housing Court.” 3 Cardozo Public Law, Policy & Ethics Journal 659 (2006); “Protocols for Housing Court Judges for Motions and Trials/Hearings involving Pro Se Litigants,” (primary co-author, New York County Lawyers Association 2006); “Lawrence and Garner: The Love (or at least Sexual Intimacy) that Finally Dared Speak Its Name,” 10 Cardozo Women’s Law Journal 289 (2004); "Pushing the Law to Encompass the Reality of Our Families: Protecting Lesbian and Gay Families from Eviction from their Homes -- Braschi's Functional Definition of 'Family' and Beyond." 21 Fordham Urb. L.J. 973 (1994).