Occupant Can't Prove Succession Rights

Landlord sued to evict rent-stabilized tenant and apartment occupant after landlord discovered that tenant had moved out of the apartment. The occupant claimed succession rights. The court ruled against occupant, who appealed and lost. Occupant admitted that tenant had moved out in 2006. And landlord showed that tenant continued to sign renewal leases until 2014 and paid the rent, although she no longer lived in the apartment. So occupant couldn't show that he lived in the apartment with tenant for at least two years before tenant permanently vacated in 2014, and therefore couldn't prove succession rights. The lower court also properly rejected occupant's illusory tenancy defense. There was no sublet for profit, and landlord didn't know that tenant had moved out. Tenant in fact continued to contact landlord's employees for a number of years to hide her absence. Landlord also properly named occupant as "John Doe" in the court papers because occupant had no birth certificate, no Social Security card, paid no taxes, and avoided contact with landlord's employees. Landlord didn't know his identity when it started the case.

Mia Terra Realty Corp. v. Sloan: 57 Misc.3d 141(A), 2017 NY Slip Op 51360(U) (App. T. 1 Dept.; 10/13/17; Lowe III, PJ, Shulman, Gonzalez, JJ)