Tenant's Son Lives in Apartment

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Occupant, who was rent-stabilized tenant's son, claimed that landlord knew that tenant wasn't living in the apartment but agreed to accept rent from tenant while her son lived there. Tenant's son claimed that landlord's real estate broker agreed to this arrangement. The court ruled against tenant and granted possession to landlord without a trial. The written rental agreement stated that tenant agreed to occupy the apartment. Tenant also paid the rent. Tenant's son admitted that he was the only person actually living in the apartment. And tenant didn't claim that the apartment was her primary residence.

Goodhope Realty Corp. v. Deutsch: Index No. 55960/97 (7/29/97) (Civ. Ct. NY; James, J) [3-page document]