Rent-Stabilized Tenant's Son Gets Apartment

Landlord sued to evict rent-stabilized tenant's disabled son after tenant died. The son claimed succession rights. The trial court ruled for landlord. Tenant's son appealed and won. The appeals court found that the son moved into the apartment at age 15 with tenant, lived there continuously, and was declared the apartment's occupant on all signed lease renewals. Tenant had asked that the son be added to the lease. She stopped living in the apartment in 2003, yet signed renewal leases and paid rent. The appeals court said that the son was entitled to succession rights because he lived in the unit for 30 years with landlord's knowledge, including during the required one-year occupancy before tenant's permanently moved out. The court reached its decisions despite any misrepresentations tenant may have made after she moved out of the apartment.

BPP ST Owner LLC v. Nichols: Index No. 570021/18, NYLJ No. 1552435526 (App. T. 1 Dept.; 3/7/19; Shulman, JP, Gonzalez, Cooper, JJ)