Tenant's Grandson Gets Rent-Controlled Apartment

March 31, 2010

LVT Number: #22565

Landlord sued to evict rent-controlled tenant’s grandson after tenant died in 2008. The grandson said that he lived in the apartment since 1983. Landlord pointed out that tenant moved into a nursing home in 2006. So, landlord argued, the grandson didn’t live continuously with tenant during the two years before she died. The court ruled against landlord and dismissed the case. The time that tenant spent in the nursing home before she died should be deemed to interrupt the co-occupancy requirement.

Landlord sued to evict rent-controlled tenant’s grandson after tenant died in 2008. The grandson said that he lived in the apartment since 1983. Landlord pointed out that tenant moved into a nursing home in 2006. So, landlord argued, the grandson didn’t live continuously with tenant during the two years before she died. The court ruled against landlord and dismissed the case. The time that tenant spent in the nursing home before she died should be deemed to interrupt the co-occupancy requirement. Grandson continuously resided with tenant for 29 years before she permanently vacated the apartment due to her death. So he was entitled to pass-on rights.

Elgart v. James: NYLJ, 3/24/10, p. 27, col. 1 (Civ. Ct. Kings; Chin, J)

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