Tenant's Son Not Entitled to Subsidized Apartment

October 31, 2007

LVT Number: #19959

Tenant's son sued landlord after landlord changed the locks to tenant's apartment and began renovations. Tenant's son claimed illegal eviction and asked to be restored to possession. He said that he lived in the apartment and hadn't moved out. The court ruled for tenant's son. Landlord appealed and won. Tenant had lived in the subsidized apartment and asked landlord for a larger apartment in the building to better accommodate the size of her family. Landlord approved tenant's application, and tenant and her family moved. Landlord then changed the locks.

Tenant's son sued landlord after landlord changed the locks to tenant's apartment and began renovations. Tenant's son claimed illegal eviction and asked to be restored to possession. He said that he lived in the apartment and hadn't moved out. The court ruled for tenant's son. Landlord appealed and won. Tenant had lived in the subsidized apartment and asked landlord for a larger apartment in the building to better accommodate the size of her family. Landlord approved tenant's application, and tenant and her family moved. Landlord then changed the locks. Under these circumstances, the tenant had surrendered the apartment. Once tenant surrendered the apartment, her son no longer had any occupancy rights.

Lewis v. Cathedral Parkway Towers: NYLJ, 10/17/07, pg. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Davis, JJ)

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