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

July 5, 2012

LVT Number: #24180

Landlord sued to evict rent-stabilized tenant and her adult son based on tenant's nonprimary residence. Tenant admittedly had moved out, and the son claimed succession rights. The court ruled for landlord after a trial. The son appealed and lost. The evidence, including answers to pre-trial questioning, showed that tenant began primarily residing in Pennsylvania in January 2007, but didn't permanently vacate the apartment until her most recent renewal lease expired on May 31, 2009.

Landlord sued to evict rent-stabilized tenant and her adult son based on tenant's nonprimary residence. Tenant admittedly had moved out, and the son claimed succession rights. The court ruled for landlord after a trial. The son appealed and lost. The evidence, including answers to pre-trial questioning, showed that tenant began primarily residing in Pennsylvania in January 2007, but didn't permanently vacate the apartment until her most recent renewal lease expired on May 31, 2009. There was no proof that the son lived with tenant in the apartment during the two-year period between June 1, 2007, and May 31, 2009, before tenant permanently vacated. So the son can't claim succession rights.

360 West 55th Street LP v. DeGeorge: NYLJ, 6/29/12, p. 26, col. 2 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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