Grandson Lived with Tenant for Two Years

September 30, 1993

LVT Number: 8226

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The trial court ruled for the grandson; since he'd lived in the apartment with tenant for at least two years, he was entitled to pass-on rights. Landlord appealed, arguing that the grandson's relationship with tenant didn't have all the elements of a familial type of relationship required by law to take over an apartment. Landlord claimed that the grandson had merely moved into the apartment so that he could get it when tenant died. The court ruled against landlord.

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The trial court ruled for the grandson; since he'd lived in the apartment with tenant for at least two years, he was entitled to pass-on rights. Landlord appealed, arguing that the grandson's relationship with tenant didn't have all the elements of a familial type of relationship required by law to take over an apartment. Landlord claimed that the grandson had merely moved into the apartment so that he could get it when tenant died. The court ruled against landlord. The grandson was a relative who was entitled to pass-on rights simply by virtue of the blood tie and because he'd lived with tenant for two years. The required proof of family-type relationships such as sharing expenses applies only to persons who aren't related to tenant by blood or marriage.

Z.H. Control Company v. Sullivan: NYLJ, p. 21, col. 2 (9/8/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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