Tenant's Son Gets Rent-Controlled Apartment

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed succession rights. The court ruled for tenant's son after trial. Tenant died in 1997. The son showed that he lived in the apartment with tenant between 1995 and 1997.  Between 1994 and 1997, the son wasn't employed and had no bank accounts. He was unable to obtain Con Ed records he said were in his name because they were too old. School records listed the apartment as the son's address as of 1993. The son was incarcerated from 1998 to 1999, then released but rejailed from 2000 to 2001. After that he lived for a brief period in Queens with his girlfriend before returning to the apartment. From 2001 onward, the son paid rent in money orders that listed tenant's name. After tenant died, her ex-husband also moved back into the apartment. Landlord's records for 2009 through 2014 listed the husband as the tenant of record.

The court found that the apartment had been the home of tenant and her immediate family for over 40 years. Landlord bought the building in 2014 so was unable to rebut the son's claim. Prior landlord was on notice of tenant's death since at least 2010. The son and husband were uneducated and of modest means and uncertain how to assert succession rights when tenant died. The son's incarceration and temporary move to another residence after tenant died didn't negate his claim that he lived in the apartment for at least two years before tenant died.

585 West 204th LLC v. Peralta: 46 Misc.3d 1228(A), 2015 NY Slip Op 50330(U) (Civ. Ct. NY; 3/17/15; Kraus, J)