Rent-Stabilized Tenant's Son Gets Apartment

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights, and the trial court ruled in his favor. Landlord appealed and lost. Evidence showed that the son continuously resided in the apartment with tenant since his birth in 1973. In 1999, tenant notified landlord by telephone and in writing that she was moving out and asked landlord to give the son a renewal lease. After tenant moved out, the son and his brother repeatedly contacted landlord seeking instructions on how to get a renewal lease in their names. Landlord didn't respond to these requests but sent renewal leases in tenant's name. Tenant therefore continued to sign renewal leases and pay rent. Tenant's son added his name and signature to one of the renewal leases, but landlord whited it out before countersigning that lease. The court noted that tenant and her son timely and diligently notified landlord that tenant had vacated and that her son claimed succession rights. The son showed that he lived in the apartment his entire life, including the requisite two-year period before tenant moved out.

178 E. 70th St. LLC v. Woodward: 66 Misc.3d 151(A), 2020 NY Slip Op 50299(U)(App. T. 1 Dept.; 3/2/20; Shulman, PJ, Cooper, Edmead, JJ)