Bank Records Alone Don't Prove Son Lived with Tenants

Landlord sued to evict rent-controlled tenants' son after tenants moved out of the apartment. The son claimed he had lived in the apartment for at least two years and was entitled to remain. Landlord stated that no one other than tenants lived in the apartment since it bought the building in 1983. In 1994, tenants became ill and had to move to a nursing home. Landlord allowed tenants' son to move in temporarily to gather up tenants' belongings. Tenants' son claimed his bank records, which listed his address as the same as his parents', proved that he had lived in the apartment for over two years. The court ruled for landlord. The bank records alone didn't prove the son lived with tenants. Son didn't present other documentary evidence such as a voter's registration or a driver's license. And tenant's son couldn't remember other crucial facts, including when he started living with tenants and when his mother moved to a nursing home.

Frantor Realty v. Doe a/k/a Sullivan: NYLJ, p. 31, col. 6 (3/29/95) (Civ. Ct. Bronx; Fiorella, J)