Rent-Stabilized Tenant's Sister Can't Get Apartment

Landlord sued to evict rent-stabilized tenant's sister after tenant moved out of the apartment. The sister claimed succession rights. Landlord claimed that there was no question of fact and asked the court to rule in its favor without a trial. The court ruled against landlord, finding that there were questions of fact that required a trial. Landlord appealed and won. In pretrial questioning, the sister admitted that while tenant took up primary residence in Maryland in December 2002, he continued to sign renewal leases. Tenant's most recent renewal lease expired on Sept. 30, 2010, and rent was paid with checks in tenant's name until at least through March 2009. Therefore, tenant cannot be found to have permanently vacated the apartment at any time prior to the expiration of his last renewal lease. Since there was no evidence tending to show that the sister resided with tenant in the apartment during the two-year period immediately preceding tenant's permanant move-out, the sister can't claim succession rights. 

BCD Delancey LLC v. Lin: 2013 NY Slip Op 52232(U), 2013 WL 6847321 (App. T. 1 Dept.; 12/30/13; Schoenfeld, JP, Shulman, Hunter Jr., JJ)