Grandson Gets Rent-Controlled Apartment

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights. Landlord claimed that the grandson hadn't lived in the apartment as his primary residence for at least two years before tenant died. The trial court ruled for the grandson, who proved that he had lived with tenant since 2010.  Landlord argued that the grandson lived a nomadic lifestyle, traveled extensively, and spent an average of 100 days per year in the apartment. The grandson paid no income taxes between 2010 and 2016 because he earned no taxable income. He received trust income from a relative. The grandson's parents, who lived in California, acknowledged that they claimed the grandson as a dependent on their income tax returns for 2013 - 2015 by mistake. But, although the grandson traveled, he had no other residence and the apartment therefore was his primary residence. The tenant also lived in the apartment during that time except for the last two months of his life when he stayed with the parents in California. A number of witnesses testified that they had visited tenant and the grandson at the apartment between 2010 and 2016. 

Westman Realty Company LLC v. Cookson: 62 Misc.3d 1215(A), 2019 NY Slip Op 50144(U) (Civ. Ct. NY; 2/5/19; Kraus, J)