Tenant's Mother Can't Get Rent-Stabilized Apartment

March 18, 2018

LVT Number: #28261

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant and his mother, who claimed succession rights, appealed and lost. It was undisputed that tenant began living elsewhere in 2003 but continued to execute renewal leases for the apartment through September 2015 and continued to pay rent by checks in his name during that time. So, tenant can't be found to have permanently vacated the apartment at any time before the expiration of the last lease renewal on Sept. 30, 2015.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant and his mother, who claimed succession rights, appealed and lost. It was undisputed that tenant began living elsewhere in 2003 but continued to execute renewal leases for the apartment through September 2015 and continued to pay rent by checks in his name during that time. So, tenant can't be found to have permanently vacated the apartment at any time before the expiration of the last lease renewal on Sept. 30, 2015. There also was no evidence tending to show that tenant's mother lived in the apartment with tenant during the two-year period immediately before tenant permanently vacated on Sept. 30, 2015. There also was no proof that landlord recognized the mother as a tenant in her own right or waived the right to contest her continued occupancy.

Well Done Realty LLC v. Epps: 2018 NY Slip Op 50259(U), 2018 WL 1057955 (App. T. 1 Dept.; 2/26/18; Shulman, PJ, Gonzalez, Cooper, JJ)

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