Did Tenant's Son Live in Apartment for Two Years Before Tenant Vacated?

Landlord sued to evict rent-stabilized tenant for illegally subletting or assigning his apartment to tenant's son. The son claimed that he had pass-on rights to the apartment and asked the court to dismiss the case. He said that he had lived in the apartment his whole life and remained there after tenant moved out in 1998. Landlord argued that tenant didn't move out permanently until the last lease she signed was terminated in 2008. The court ruled against the family member. A trial was needed to determine the facts. To get pass-on rights under Rent Stabilization Code Section 2523.5(b), tenant's son must prove that he lived in the apartment as his primary residence together with tenant for the two years immediately before tenant permanently vacated the apartment. The date that tenant moved out may not necessarily be the legal date tenant permanently vacated for purposes of the son's succession claim.

Warren LLC v. Carbello: NYLJ, 5/6/09, p. 30, col. 1 (Civ. Ct. Queens; Leverett, J)