Rent-Controlled Tenant's Son Gets Apartment

October 25, 2016

LVT Number: #27258

Landlord sued to evict rent-controlled tenant’s son after tenant died. The trial court ruled against landlord and found that the son proved he had succession rights. Landlord appealed and lost. The record supported the court’s finding that the son primarily resided in the apartment with tenant from his birth until tenant’s death in 1997, including the required two-year period immediately prior to tenant’s death. The son’s testimony was very credible and was unrebutted by any other witness with factual knowledge.

Landlord sued to evict rent-controlled tenant’s son after tenant died. The trial court ruled against landlord and found that the son proved he had succession rights. Landlord appealed and lost. The record supported the court’s finding that the son primarily resided in the apartment with tenant from his birth until tenant’s death in 1997, including the required two-year period immediately prior to tenant’s death. The son’s testimony was very credible and was unrebutted by any other witness with factual knowledge. Landlord presented minimal documentary evidence to the contrary. The appeals court rejected landlord’s claim that the son waived his succession claim due to fraudulent conduct. The court also rejected landlord’s claim that the son abandoned his succession claim by his temporary absences from the apartment after tenant died.

 

 

 

 

585 West 204th LLC v. Peralta: 2016 NY Slip Op 51379(U), 2016 WL 5419636 (App. T. 1 Dept.; 9/28/16; Shulman, JP, Ling-Cohan, Gonzalez, JJ)

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