Trial Needed to Determine Whether Tenant’s Grandson Has Succession Rights

February 18, 2016

LVT Number: #26805

Landlord sued to evict rent-controlled tenant for nonprimary residence after learning that tenant moved to a nursing home in July 2008. Tenant’s grandson claimed succession rights. He had lived in the apartment for 25 years. Landlord asked for a ruling without a trial and claimed that, since tenant didn’t notify landlord when she moved to the nursing home, it couldn’t be determined when she permanently vacated and the grandson therefore couldn’t prove that he lived in the apartment with tenant for at least two years before she moved out.

Landlord sued to evict rent-controlled tenant for nonprimary residence after learning that tenant moved to a nursing home in July 2008. Tenant’s grandson claimed succession rights. He had lived in the apartment for 25 years. Landlord asked for a ruling without a trial and claimed that, since tenant didn’t notify landlord when she moved to the nursing home, it couldn’t be determined when she permanently vacated and the grandson therefore couldn’t prove that he lived in the apartment with tenant for at least two years before she moved out. The court ruled against landlord. A trial was needed to determine whether the grandson had succession rights.

 

 

 
Elk 300 E 83 v. Dowd: Index No. 59258/2011, NYLJ 1202746365397 (Civ. Ct. NY; 12/23/15; Weisberg, J)

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