Tenant's Son Gets Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. An apartment occupant, who was tenant's son, claimed succession rights. Landlord questioned whether the son met the minimum two-year requirement to have lived in the apartment with tenant as his primary residence.

The court ruled for the son after a trial. The son proved that he had lived in the apartment with tenant for at least two years before she vacated. There was some difficulty in pinpointing the date that tenant vacated the apartment since tenant had been absent from the apartment between June 2016 until December 2017, when she surrendered any claim she had to the unit. The tenant was 86 years old, had fallen while out of state, necessitating surgery and rehabilitation, followed by a diagnosis of cancer that required chemotherapy, all while she was in Florida. The court found that tenant's medical difficulties didn't compromise her intent to return to the apartment. In any event, tenant's son proved that he lived with tenant from at least January 2014, which was more than two years before either June 2016 or December 2017. The son submitted to the court tax returns from 2014 through 2017, pay stubs, W-2 forms, bank statements, and a driver's license. The son worked as a bus driver and was employed in New York City in that capacity from 2014 through 2017.

46-54 Wadsworth Prop. LLC v. Almonte: Index No. 64964/2017, 2024 NY Slip Op 32510(U)(Civ. Ct. NY; 7/16/24; Stoller, J)