Rent-Controlled Tenant's Son Lived in California Before Tenant's Death

Landlord sued to evict rent-controlled tenant's son after tenant died. Tenant's son claimed that he was entitled to pass-on rights because he lived in the apartment with tenant for at least two years before tenant died. The court ruled for tenant after a trial. Landlord appealed and won. Tenant's son didn't prove he lived in the apartment as his primary residence for two years before tenant died. On the other hand, landlord had shown in court that tenant's son owned a home in California where his wife and children lived. Tenant was staying there when he died. Tenant's son filed California resident income tax returns for the years in question, claimed a homestead exemption for his house there, and used that address on federal tax returns. He got regular medical treatment in California and had monthly social security checks mailed to him in California. He also had a California voter's registration and driver's license until a month before tenant died.

40 W. 55 LLC v. Kurland: NYLJ, 7/18/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)