Deceased Tenant's Son Gets Renewal Lease

After rent-stabilized tenant died, landlord sent tenant's son a 30-day termination notice. The notice stated that tenant's son had lived in the apartment while he was under age 18, but no longer lived there. Tenant's son sued landlord to stop landlord from proceeding. The son claimed that landlord's proceeding was improper, pointing out that he was away at school and that the apartment was still his primary residence. He was entitled to a renewal lease in his own name. If landlord challenged this, landlord must send a notice of nonrenewal 150–120 days before the current renewal lease expired and start a nonprimary residence action. Also, tenant's son claimed that the landlord's notice was defective. The court ruled for tenant's son. He was a primary resident of the apartment on the date tenant died and was entitled to a renewal lease in his name. And the termination notice landlord had sent was defective because it stated conclusions, not facts.

Hughes v. Lenox Hill Hospital: NYLJ, p. 28, col. 2 (2/23/95) (Sup. Ct. NY; Grow, J)