Tenant's Grandson Gets Rent-Stabilized Apartment

February 18, 2016

LVT Number: #26801

Landlord sued to evict apartment occupants after rent-stabilized tenant died in January 2015. Occupants, who were tenant’s son and grandson, claimed succession rights. They asked the court to rule in their favor without a trial. The court ruled for occupants in part. Tenant’s son was absent from the apartment from July 2014 through January 2015. So a trial was needed to determine if he qualified for succession rights. Tenant’s grandson was absent from the apartment for two weeks in July 2014.

Landlord sued to evict apartment occupants after rent-stabilized tenant died in January 2015. Occupants, who were tenant’s son and grandson, claimed succession rights. They asked the court to rule in their favor without a trial. The court ruled for occupants in part. Tenant’s son was absent from the apartment from July 2014 through January 2015. So a trial was needed to determine if he qualified for succession rights. Tenant’s grandson was absent from the apartment for two weeks in July 2014. This temporary absence didn’t affect the grandson’s primary residence status in the apartment. The grandson showed he had a right to succeed to tenant’s apartment.

 

 

 

Frett v. Ceville: Index No. 66430/2015, NYLJ No. 1202747953439 (Civ. Ct. Kings; 1/11/16; Kuzniewski, J)

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