Tenant's Grandson Lived Primarily on College Campus

Facts: In February 1998, elderly Manhattan tenant went into a nursing home rehabilitation center. In May 1998, while she was still there, her grandson graduated from high school in Florida and moved into the apartment. Tenant was in and out of hospitals and rehab facilities a number of times before she died in November 2001. In the meantime, her grandson started college at Columbia University. He lived on campus and stayed at the apartment only occasionally and during school breaks. After graduation in May 2002, he moved into the apartment permanently. This was at least six months after tenant died. Landlord sued to evict the grandson, claiming that he was a licensee. The son claimed pass-on rights. The court ruled for tenant's grandson, and landlord appealed.

Court: Landlord wins. Tenant's grandson claimed that he primarily resided with tenant for at least two years before tenant died. He argued that, under Rent Stabilization Code Section 2523.5(b)(2)(ii), the minimum period to establish occupancy for succession purposes isn't deemed to be interrupted by periods that he was away at school. But the regulation can't be interpreted so broadly as to allow the grandson to avoid the residency requirements for succession rights under the Rent Stabilization Law. The grandson admitted that his initial connection to the apartment was for a few weeks spent there alone, while tenant was in rehab and just before the grandson went to live at college.

315 East 72nd St. Owners, Inc. v. Siegel: NYLJ, 11/17/08, p. 27, col. 6 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)