Grandson Lived with Tenant for Two Years

May 31, 1998

LVT Number: 12365

Rent-controlled tenant's grandson sued landlord and asked the court to award him pass-on rights to tenant's apartment. The court ruled for grandson, and landlord appealed. The appeals court ruled against landlord. Tenant was required to prove that he lived in the apartment as his primary residence for at least two years before tenant vacated. Tenant presented more than sufficient proof to the trial court that he'd lived in the apartment for two years before his grandmother moved into a nursing home.

Rent-controlled tenant's grandson sued landlord and asked the court to award him pass-on rights to tenant's apartment. The court ruled for grandson, and landlord appealed. The appeals court ruled against landlord. Tenant was required to prove that he lived in the apartment as his primary residence for at least two years before tenant vacated. Tenant presented more than sufficient proof to the trial court that he'd lived in the apartment for two years before his grandmother moved into a nursing home.

Shadick v. 430 Realty Co.: NYLJ, p. 27, col. 2 (5/14/98) (App. Div. 1 Dept.; Sullivan, JP, Nardelli, Williams, Andrias, JJ)

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