Brother Can't Get Rent-Stabilized Apartment

Landlord sued to evict two rent-stabilized sisters for nonprimary residence. Their brother claimed succession rights to the apartment, arguing that he had lived with the sisters for at least two years before they permanently vacated. Landlord claimed that there was no question of fact requiring a trial, but the court disagreed. Landlord appealed and won, without a trial. The two tenants moved out of the apartment in 2000 but didn't tell landlord. Their brother then began forging their signatures on subsequent renewal leases through July 31, 2011. So tenants can't be found to have permanently vacated the apartment before 2011. And the brother couldn't have lived with tenants for at least two years before their permanent vacatur because they were living elsewhere. So he couldn't claim succession rights. The brother later claimed that he was disabled. While this would have shortened his required time for co-occupancy to one year, the result would be the same under the facts of the case.

Extell Belnord LLC v. Eldridge: 42 Misc.3d 14(A), 2014 NY Slip Op 50258(U) (App. T. 1 Dept.; 2/27/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)