Permanent Tenant's Brother Gets Apartment

Landlord sued to evict a hotel-stabilized tenant for nonprimary residence. Tenant's brother claimed succession rights. The trial court ruled against landlord and dismissed the case, finding that the occupant was a permanent tenant because he was the brother of the tenant of record and had been living in the unit since 2010.

Landlord appealed and the court reopened the case. The appeals court didn't dispute that the brother was a permanent tenant because he showed he was a family member of tenant who had lived openly in the unit with the knowledge of landlord's employees and had paid rent for at least six months. However, the trial court didn't rule on landlord's other claim that tenant no longer lived in the apartment as a primary residence. Since the trial judge had now retired from the bench, a new trial was needed on this issue.

Dexter 345, Inc. v. Hanlon: 60 Misc.3d 140(A), 2018 NY Slip Op 51292(U) (App. T. 1 Dept.; 9/13/18; Shulman, PJ, Gonzalez, Edmead, JJ)