Brother Can't Get Apartment Since Tenant Was Residing Elsewhere

(Decision submitted by Saul Bruh of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that he moved out of the apartment in 1984. But tenant's brother claimed succession rights to the apartment. After trial, the court ruled for landlord. Tenant's brother proved that he lived in the apartment with tenant for at least two years before tenant moved out in 1984. While they lived in the apartment together, it was the primary residence for each of them. But to qualify for pass-on rights, the brother must have been using the apartment as his primary residence when tenant's lease was due for renewal in 2003. Landlord proved at trial that in 2003 tenant was residing primarily in Virginia. So tenant's brother didn't have succession rights to the apartment. The court gave tenant's brother three months to move out on the condition that he continue to pay use and occupancy at the last rental rate.

Carmine Limited v. Rasoulinejad: Index No. 59613/05 (7/5/07) (Civ. Ct. NY; Schneider, J) [5-page doc.]