Tenant’s Son Can't Get Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The court ruled for landlord based on the son’s failure to appear in court. Landlord discontinued the case against “John Doe” and “Jane Doe.” After eviction, another apartment occupant asked to be restored to possession. He claimed that he was the brother of the son named in landlord’s court papers and that the named son hadn’t lived in the apartment since 1987. This brother claimed that he began staying with relatives across the street a few years before tenant died because tenant needed a full-time home care attendant who stayed at the one-bedroom apartment. The court ruled against the brother. Although the brother’s eviction may have been improper given the discontinuance of the case against John and Jane Doe, he admitted he didn’t live in the apartment for two to three years before tenant died. Therefore, he wouldn’t succeed on a succession claim.

Two-Two-One Assoc. v. Medina: Index No. 69266/2015, NYLJ No. 1202745841523 (Civ. Ct. NY; 11/23/15; Weisberg, J)