Rent-Stabilized Tenant's Brother Gets Tenant's Apartment

Landlord sued to evict rent-stabilized tenant and additional apartment occupants based on tenant's nonprimary residence. While tenant had moved to Georgia and no longer primarily resided in the apartment, tenant's brother claimed he had lived in the unit since 2015 and had succession rights.  The trial court ruled for the brother and dismisssed the case. The court noted that recent amendments to Public Housing Law Section 14(4) and RSC Section 2523.5(b)(2) established that a tenant is considered to have permanently vacated a rent-stabilized unit at the time that the tenant permanently ceases to reside there, regardless of whether that tenant subsequently continued to pay rent in their name or to sign a renewal lease. Here, the tenant had ceased residing in the apartment in August 2019. The continued rent payments by the brother in tenant's name and the 2020 lease renewal that tenant signed after she vacated no longer were determining factors in the brother's succession claim. The court also found that, despite a lack of documentary evidence of his occupancy, the brother proved through credible testimony that he lived in the apartment with tenant for the two years before tenant permanently vacated. There also was no evidence connecting the brother to any other residence during the relevant period. 

Owl Creek Properties, LLC v. Timmons: Index No. L&T 302566/21, NYLJ No. 1717050055 (Civ. Ct. Bronx; 5/10/24; Miller, J)