Tenant's Son Can't Get Apartment

September 10, 2012

LVT Number: #24287

Landlord sued to evict tenant’s son and daughter-in-law, who lived in the apartment without tenant. The son claimed succession rights as a remaining family member. The trial court ruled against the son, who appealed and lost. Although tenant had moved to another primary residence by 1994, he didn’t permanently vacate landlord’s apartment until October 2009. Tenant also appeared in housing court to defend against an earlier 2009 nonpayment proceeding, and continued to sign renewal leases for the apartment.

Landlord sued to evict tenant’s son and daughter-in-law, who lived in the apartment without tenant. The son claimed succession rights as a remaining family member. The trial court ruled against the son, who appealed and lost. Although tenant had moved to another primary residence by 1994, he didn’t permanently vacate landlord’s apartment until October 2009. Tenant also appeared in housing court to defend against an earlier 2009 nonpayment proceeding, and continued to sign renewal leases for the apartment. Occupant presented no proof that he and his wife resided with tenant in the apartment during the two years immediately before tenant permanently vacated.

610 LLC v. Lewis: 2012 NY Slip Op 51678(U), 2012 WL 3791291 (App. T. 1 Dept.; 8/30/12; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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