Rent-Controlled Tenant's Minor Grandson Gets Apartment

March 19, 2019

LVT Number: #30007

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights as a remaining family member. The court ruled for the grandson after a trial. The grandson credibly testified that he lived in the apartment since birth and that tenant raised him. He also submitted school and medical records, and said that he continued to live in the apartment after tenant moved into a nursing home. Tenant's sister, also living in the apartment, took care of him after tenant moved out.

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights as a remaining family member. The court ruled for the grandson after a trial. The grandson credibly testified that he lived in the apartment since birth and that tenant raised him. He also submitted school and medical records, and said that he continued to live in the apartment after tenant moved into a nursing home. Tenant's sister, also living in the apartment, took care of him after tenant moved out. Since the grandson was still a minor during the relevant two-year period before tenant vacated, it was understandable that he didn't have voting, tax, or driving records. 

535-539 W. 162nd St. v. Capellan: Index No. 60447/17, NYLJ No. 1549173362 (Civ. Ct. NY; 12/28/18; Schneider, J)

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