Does Son Have Pass-On Rights to Rent-Stabilized Apartment?

Landlord sued to evict rent-stabilized tenants, a married couple, for nonprimary residence when their renewal lease expired in 2015. The wife had died in 2014, and the husband moved out at some unknown date during the renewal lease term. Tenants' son claimed succession rights. The court granted landlord's request for a judgment of possession without a trial.

The son appealed and won. There were questions of fact that required a trial, including whether the son primarily resided with tenants in the apartment for the requisite two-year period before their permanent vacatur. This wasn't a situation where tenants continued to renew leases after moving out. There was no dispute that the wife lived in the apartment at the time of her death, during the last renewal lease term. There also was no dispute that the husband didn't renew the lease after his wife died, although he may already have relocated.

86 W. Corp. v. Singh: Index No. 5700078/17, 2021 NY Slip Op 50141(U)(App. T 1 Dept.; 2/19/21; Edmead, PJ, Higgitt, Brigantti, JJ)