Grandson Didn't Live with Tenant for Two Years

July 31, 1996

LVT Number: 10778

Landlord sued to evict rent-controlled tenant's grandson after tenant moved out. The grandson claimed pass-on rights to the apartment. The court ruled against the grandson, and he appealed. The appeals court again ruled against the grandson. The grandson didn't prove that he lived in the apartment for at least two years immediately prior to tenant moving out. He lived in the apartment for 16 months at most immediately before tenant left the apartment for medical reasons in 1990. And the grandson apparently lived with his mother for part of the two-year period in question.

Landlord sued to evict rent-controlled tenant's grandson after tenant moved out. The grandson claimed pass-on rights to the apartment. The court ruled against the grandson, and he appealed. The appeals court again ruled against the grandson. The grandson didn't prove that he lived in the apartment for at least two years immediately prior to tenant moving out. He lived in the apartment for 16 months at most immediately before tenant left the apartment for medical reasons in 1990. And the grandson apparently lived with his mother for part of the two-year period in question. He used his mother's address on his 1989 income tax returns.

Feinberg & Gitlin v. Mauriello: NYLJ, p. 21, col. 4 (7/19/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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