Can Tenants' Son Get Rent-Controlled Apartment?

April 18, 2014

LVT Number: #25465

Landlord sued to evict rent-controlled tenants' son after tenants died. Landlord claimed that the son was a mere licensee, while the son claimed succession rights. Landlord asked for a ruling without a trial. Landlord claimed that the son didn't live with tenants before they died and that no fact-finding was needed. The court ruled against landlord, who appealed and lost. The sworn statement of landlord's managing agent didn't present any specific claims as to the nature or frequency of the son's usage of or presence at the apartment before tenants died.

Landlord sued to evict rent-controlled tenants' son after tenants died. Landlord claimed that the son was a mere licensee, while the son claimed succession rights. Landlord asked for a ruling without a trial. Landlord claimed that the son didn't live with tenants before they died and that no fact-finding was needed. The court ruled against landlord, who appealed and lost. The sworn statement of landlord's managing agent didn't present any specific claims as to the nature or frequency of the son's usage of or presence at the apartment before tenants died. Landlord had the initial burden to demonstrate that there were no triable issues of fact and the court had granted landlord's request for pretrial questioning, which was yet to be conducted.

157 East 89th Street, LLC v. McAuliffe: 42 Misc.3d 143(A), 2014 NY Slip Op 50270(U) (App. T. 1 Dept.; 2/28/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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