Son Gets Tenant's Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence, along with her son who was occupying the apartment. Tenant and her son claimed that, although tenant had moved out, the son was entitled to pass-on rights. The court denied tenant’s request to dismiss the case without a trial. Tenant appealed and won. Tenant and her son presented overwhelming proof that the son continuously lived in the apartment with tenant for 12 years before his mother moved out permanently. Landlord claimed that the son’s succession claim was waived due to the deceptive conduct by tenant and her son. But landlord had actual notice by July 2003, roughly 15 months after tenant moved into a nursing home, that she no longer lived in the apartment and that the son was claiming succession rights. The case was sent back to the housing court to determine whether tenant’s son was entitled to attorney’s fees.

354 East 66th Street Realty Corp. v. Curry: NYLJ, 1/20/10, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)