Son Can't Get Rent-Controlled Apartment

May 31, 2011

LVT Number: #23406

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed pass-on rights. The trial court ruled for landlord. Tenant's son appealed and lost. The son claimed that he primarily resided with tenant at the apartment for at least two years before she died. But landlord proved that the elderly tenant shared the apartment with her home health aide for at least two years before she died. At the same time, tenant's son lived and worked in Paris, France, for six years before tenant died.

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed pass-on rights. The trial court ruled for landlord. Tenant's son appealed and lost. The son claimed that he primarily resided with tenant at the apartment for at least two years before she died. But landlord proved that the elderly tenant shared the apartment with her home health aide for at least two years before she died. At the same time, tenant's son lived and worked in Paris, France, for six years before tenant died. He failed to prove that this was a temporary interruption of any ongoing residency in the apartment with tenant.

SP 10 Downing, LLC v. Gazzoli: NYLJ, 5/5/11, p. 30, col. 6 (App. T. 1 Dept.; Hunter Jr, JP, Schoenfeld, Torres, JJ)

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