Rent-Stabilized Tenant's Son Gets Apartment

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Tenant's son, who was an apartment occupant, appeared in court and claimed succession rights. The court ruled for the son, finding he'd established succession rights. Landlord appealed and lost. It was undisputed that occupant was tenant's son and that he had lived in the apartment for his entire life. The son showed that he had lived in the apartment with tenant for at least two years before 2007, when he claimed tenant moved out. Landlord argued that tenant continued to sign renewal leases and therefore attempt to deceive landlord. But it was unquestionable that the son fit the criteria for succession rights and there would be no point in trying to deceive the landlord. Landlord also didn't rebut trial testimony that tenant informed several of landlord's agents in 2007 that she was moving out and had purchased a home.

2258 Assoc., LLC v. Monperemer: Index No. 2019-866 KC, 2021 NY Slip Op 50033(U)(App. T. 2 Dept.; 1/15/21; Aliotta, PJ, Elliot, Toussaint, JJ)