Rent-Stabilized Tenant's Grandson Gets Apartment

Landlord sued to evict rent-stabilized tenant's grandson after tenant died. The grandson claimed succession rights. The trial court ruled for the grandson, who showed that he had lived in the apartment since 2001 and that landlord apparently was fully aware of this. Tenant stayed at his daughter's home while he recovered from a stroke but returned to the apartment and lived there. He later suffered a second stroke and was in hospitals and rehab facilities until his death, but never moved out of the apartment. The court found that tenant permanently vacated the apartment between his second stroke in 2011 and his death in 2012. But, before that, the apartment was tenant's primary residence and his grandson lived with him for at least two years before tenant's second stroke. So the grandson proved he was entitled to succession rights.

Edelstein LLC v. Connelly: Index No. 63063/13, NYLJ No. 1563778361 (Civ. Ct. NY; 6/28/19; Schneider, J)