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

(Decision submitted by David M. Berger, Esq. of the Brooklyn, law firm of Tenenbaum Berger & Shivers LLP, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant didn’t oppose on her own behalf, but her son appeared and claimed succession rights. He said that he lived in the apartment as his primary residence during the two years before tenant moved out in 2006. Landlord argued that, although tenant physically vacated in 2006, she continued to make rent payments and signed several renewal leases through 2015. Therefore, tenant didn’t permanently vacate the apartment until 2015 and her son couldn’t prove that they lived together in the apartment for two years before that time. The court ruled for landlord. In this case, although tenant permanently left the apartment in 2006, she continued to sign renewal leases and pay rent. Therefore, her permanent vacatur must be deemed as having occurred after her last lease expired in 2015. There also was no indication that tenant maintained any form of continued residency connection in the apartment after 2006. 

415 Realty LLC v. Ramirez: Index No. L&T060857/15 (Civ. Ct. Kings; 2/17/16; Finkelstein, J) [7-pg. doc.]