Tenant's Son Lived with Tenant for at Least Two Years

August 31, 2009

LVT Number: #22107

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed pass-on rights. The court ruled for tenant's son after a trial. Landlord appealed and lost. Tenant proved that he moved into the apartment in 2000 after separating from his wife, and remained there with tenant until she died in 2003. So tenant met the two-year requirement for passing on apartments. Tenant presented W-2 forms, tax returns for 2000 and 2001, retirement benefit statements, and voter registration records, all listing tenant's apartment as his residence.

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed pass-on rights. The court ruled for tenant's son after a trial. Landlord appealed and lost. Tenant proved that he moved into the apartment in 2000 after separating from his wife, and remained there with tenant until she died in 2003. So tenant met the two-year requirement for passing on apartments. Tenant presented W-2 forms, tax returns for 2000 and 2001, retirement benefit statements, and voter registration records, all listing tenant's apartment as his residence. The fact that his driver's license and auto registration listed the address where he previously lived with his wife didn't overcome the son's other believable proof.

Sixth Lenox Terrace Associates v. Poney: NYLJ, 8/4/09, p. 31, col. 3 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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