Tenant's Grandson Gets Rent-Controlled Apartment

June 17, 2016

LVT Number: #27017

Landlord sued to evict rent-controlled tenant’s grandson from apartment after tenant died. The grandson claimed succession rights. The trial court ruled for the grandson. Landlord appealed and lost. The grandson showed that he had lived in the apartment with tenant for at least two years before tenant died. He had moved in with tenant because he had a difficult relationship with his father. Landlord argued that the grandson didn’t present customary documents to prove that he lived in tenant’s apartment.

Landlord sued to evict rent-controlled tenant’s grandson from apartment after tenant died. The grandson claimed succession rights. The trial court ruled for the grandson. Landlord appealed and lost. The grandson showed that he had lived in the apartment with tenant for at least two years before tenant died. He had moved in with tenant because he had a difficult relationship with his father. Landlord argued that the grandson didn’t present customary documents to prove that he lived in tenant’s apartment. But, while documentation might be significant, testimony also mattered. In this case, the trial court believed the testimony of the grandson, his mother, and grandmother concerning where grandson lived during the relevant period.

 

 

Knoll v. Cruz: 51 Misc.3d 146(A), 2016 NY Slip Op 50743(U) (App. T. 2 Dept.; 5/5/16; Elliot, JP, Weston, Solomon, JJ)

Topics

More like this