Rent-Controlled Tenant's Son Can't Get Apartment

May 18, 2020

LVT Number: #30745

Landlord sued to evict rent-controlled tenant's son, when tenant and his wife moved into a nearby Mitchell-Lama apartment. The son claimed succession rights. He said he grew up in the unit, then moved out, but moved back in with tenant at least two years before tenant vacated. The trial court ruled against the son, who appealed and lost. The son presented no documentary evidence that he lived in the apartment between January 1997 and January 1999. Testimony by the son and tenant's wife was inconsistent, faulty, and flawed.

Landlord sued to evict rent-controlled tenant's son, when tenant and his wife moved into a nearby Mitchell-Lama apartment. The son claimed succession rights. He said he grew up in the unit, then moved out, but moved back in with tenant at least two years before tenant vacated. The trial court ruled against the son, who appealed and lost. The son presented no documentary evidence that he lived in the apartment between January 1997 and January 1999. Testimony by the son and tenant's wife was inconsistent, faulty, and flawed. There also was no proof that landlord or prior landlord recognized the son as a tenant in his own right or had waived any right to contest his occupancy after tenant moved out. And tenant never notified landlord that his son lived in the apartment.

K&L Chan Realty Inc. v. Lee: 67 Misc.3d 130(A), 2020 NY Slip Op 50415(U)(App. T. 1 Dept.; 4/13/20; Shulman, PJ, Edmead, Torres, JJ)

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