Son Lived with Tenant for Two Years Before Tenant's Death

March 1, 2001

LVT Number: 14798

Landlord sued to evict rent-controlled tenant's son after tenant died. Tenant's son claimed pass-on rights. The court ruled against landlord. Landlord appealed and lost. Tenant's son showed that he lived in the apartment for at least two years to take care of his sick mother. He used the apartment address on his tax forms, driver's license, automobile and voter registrations, insurance policies, and a 1992 marriage certificate. Landlord presented no witnesses who stated that the son didn't live in the apartment.

Landlord sued to evict rent-controlled tenant's son after tenant died. Tenant's son claimed pass-on rights. The court ruled against landlord. Landlord appealed and lost. Tenant's son showed that he lived in the apartment for at least two years to take care of his sick mother. He used the apartment address on his tax forms, driver's license, automobile and voter registrations, insurance policies, and a 1992 marriage certificate. Landlord presented no witnesses who stated that the son didn't live in the apartment. The fact that the son's wife and her adult son lived elsewhere nearby didn't prove that he didn't live in the apartment with tenant. He could keep another apartment for convenience. And the fact that tenant didn't report her son on her SCRIE application didn't bar him from claiming pass-on rights.

IG 2nd Generation Partners LP v. Ficarotta: NYLJ, 2/14/01, p. 29, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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