Landlord Didn't Give Up Right to Evict Family Member

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeld, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed pass-on rights to the apartment and asked the court to dismiss the case without a trial. He showed the court copies of tax returns for the past three years listing the apartment as his address. Landlord also had accepted rent checks for eight months from the son. And the son claimed that landlord told him he could remain in the apartment as the tenant. The court ruled against the son. The tax returns alone weren't enough to prove that tenant's son lived in the apartment with tenant for at least two years before she died. And landlord claimed that it accepted rent from the son temporarily and told him he could apply for another apartment in the building. So tenant's son couldn't claim waiver. A trial was needed to determine the facts.

St. Marks Housing Assocs. LP v. Bass: L&T Index No. 65541/04 (Civ. Ct. Kings 7/21/04; Sikowitz, J) [6-pg. doc.]