Family Member Can't Get Tenant's Apartment

Landlord sued to evict rent-stabilized tenant and apartment occupant based on tenant's nonprimary residence. Occupant claimed that she had succession rights to the apartment. After pretrial questioning, landlord asked the court to rule in its favor. The court ruled against landlord, who appealed and won. During pretrial questioning, it was established that tenant took up primary residence elsewhere in 1979 but didn't permanently vacate the subject apartment at any time before landlord started its eviction proceeding in May 2011. Tenant paid rent for a few years after he moved out, hired an attorney to defend against a prior nonpayment proceeding brought against him, and continued to maintain some personal belongings in the apartment, where he "comes and goes." Tenant completed a DHCR form in April 2011 indicating that occupant lived with him in the apartment as a family member. Since tenant hadn't permanently vacated, and hadn't lived in the apartment with occupant as his primary residence during the one year before permanently vacating, occupant couldn't claim succession rights. Occupant also presented no proof that landlord recognized her as a tenant in her own right or waived the right to contest her continued occupancy.

Ludlow 65 Realty, LLC v. Chin: 42 Misc.3d 126(A), 2013 NY Slip Op 52129(U) (App. T. 1 Dept.; 12/13/13; Lowe III, PJ, Shulman, Schoenfeld, JJ)