Tenant's Son Gets Rent-Stabilized Apartment

November 15, 2012

LVT Number: #24430

Landlord sued to evict rent-stabilized tenant's son after tenant died, claiming that he was an unauthorized apartment occupant. The son claimed that he was entitled to succession rights. The court ruled for the son after a trial. The son showed that he had moved back into the apartment in the summer of 2006, moved back with his now-estranged wife in October and November 2006, and then returned to tenant's apartment after reconciliation attempts failed. Proof of the son's debit and credit card purchases, as well as 2006 tax returns supported his claim.

Landlord sued to evict rent-stabilized tenant's son after tenant died, claiming that he was an unauthorized apartment occupant. The son claimed that he was entitled to succession rights. The court ruled for the son after a trial. The son showed that he had moved back into the apartment in the summer of 2006, moved back with his now-estranged wife in October and November 2006, and then returned to tenant's apartment after reconciliation attempts failed. Proof of the son's debit and credit card purchases, as well as 2006 tax returns supported his claim. The son proved that he had lived with tenant in the apartment as his primary residence for at least two years before tenant died in 2008.

Bellis v. Eisenberg: Index No. 65262/09, NYLJ No. 1202575096160 (Civ. Ct. NY; 9/21/12; Schneider, J)

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