Rent-Stabilized Tenant's Son Gets Apartment

January 26, 2018

LVT Number: #28187

Landlord sued to evict apartment occupant after finding that rent-stabilized tenant was no longer there. Occupant claimed that he was the rent-stabilized tenant. The court ruled for tenant. Landlord appealed and lost. Prior landlord admitted that named tenant signed the lease in 1989 and paid the first month's rent, but never lived in the apartment. The occupant, who was his son, lived there for the next 23 years, never concealed his occupancy and paid rent directly to the prior landlord.

Landlord sued to evict apartment occupant after finding that rent-stabilized tenant was no longer there. Occupant claimed that he was the rent-stabilized tenant. The court ruled for tenant. Landlord appealed and lost. Prior landlord admitted that named tenant signed the lease in 1989 and paid the first month's rent, but never lived in the apartment. The occupant, who was his son, lived there for the next 23 years, never concealed his occupancy and paid rent directly to the prior landlord. The lower court correctly ruled that while the father was the nominal tenant, the actual contemplated resident and true occupant, accepted as such since the inception of the tenancy, was tenant's son. The son had lived in the apartment as his primary residence from the outset and was entitled to rent stabilization coverage.

156 Prince Street, LLC v. Rothstein: 57 Misc.3d 156(A), 2017 NY Slip Op 51643(U) (App. T. 1 Dept.; 12/4/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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