Tenant's Son Not Entitled to Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant primarily resided in a New Jersey co-op apartment. Tenant claimed that the New York apartment was her primary residence. Alternatively, tenant's son claimed succession rights. The court ruled against tenant. Landlord proved that tenant primarily resided in New Jersey. She had gotten married in 1998 and her husband owned the New Jersey co-op. Although tenant worked in midtown Manhattan, tax records and other documents were addressed to the New Jersey co-op, and phone records showed almost daily usage from New Jersey. The court ruled that the New York apartment wasn't tenant's primary residence. But since tenant hadn't permanently vacated the apartment, her son couldn't claim succession rights. Under the law, to claim succession rights, tenant's son would have to show he lived with tenant for at least two years before tenant permanently vacated the apartment.

ST Owner LP v. Nee-Chan: NYLJ, 9/6/07, p. 27, col. 1 (Civ. Ct. NY; Cohen, J)