Tenant's Son Gets Rent-Controlled Apartment

(Decision submitted by Noah E. Levenson, Esq. of the Manhattan law firm of Levy Tolman LP, attorneys for the occupant.)

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's son and was entitled to succession rights. The trial court ruled for occupant and dismissed the case. Although he didn't submit a birth certificate, testimony by occupant, his sister and landlord's agent proved that occupant was tenant's son. And the son showed that he had lived in the apartment with tenant for at least two years before she died. The son, his sister and brother in law all testified credibly that the son lived in the apartment during the relevant time period. Plus, the son presented W-2 forms, cable TV bills, voter registration information, pay stubs, credit card statements, a letter from Social Security, health insurance documents, and bank statements all listing the apartment as his address. The bank statements showed frequent usage of ATM's near the apartment. Landlord argued that the son had a lease for an apartment in Brooklyn, but the son signed the lease for that apartment after tenant died. What mattered was whether the son lived in the apartment with tenant for two years before tenant died. His application for the Brooklyn apartment also stated that he had lived in tenant's apartment for many years.

Kong's Realty v. Varela: Index No. 64733/2014 (Civ. Ct. NY; 6/27/17; Stoller, J) [18-pg. doc.]