Abandonment established where decedent's family released claims to the unit.
After the death of a tenant protected by the Loft Law, the building's owner filed an abandonment application. Although succession rights may be asserted by a deceased tenant's family, the children of this tenant entered into a stipulation releasing any claims to the unit.
Therefore, under the Loft Board's rules, the death of the tenant established abandonment, and ALJ Richard recommended granting the application.
Matter of Peachy (in PDF), OATH Index No. 746/09 (Dec. 3, 2008).