Trial Needed to Determine Whether Tenant's Son Had Succession Rights

Landlord sued to evict the son and daughter-in-law of a rent-stabilized tenant after tenant died. They claimed succession rights to the apartment. Landlord pointed out that these family members spent considerable time in Israel during the two-year period prior to tenant's death. The son's deposition testimony showed that he was a rabbi serving congregations in both New York and Israel, that he and his wife traveled back and forth between the two locations to serve these congregations and that, when in Israel, they slept in an apartment above the synagogue. Landlord asked the court to rule against the family members without trial.

The court ruled against landlord. Landlord's documents raised but didn't resolve issues as to the family members' primary residence during the relevant time period and whether their absences were temporary and excusable. A trial was needed to determine the facts. Another question requiring trial was whether the son qualified as a disabled person within the meaning of the Rent Stabilization Code succession provisions. The daughter-in-law couldn't claim she was entitled to the one-year senior citizen co-occupancy exception afforded by the RSC because she was only 57 years old when tenant died in 2017 and only turned 62 in 2022.

Jemrock Realty Co., LLC v. Sternberg: Index No. 571095/23, 2024 NY Slip Op 50148(U)(App. T. 1 Dept.; 2/15/24; Hagler, PJ, Brigantti, Perez, JJ)