Trial Needed on Son's Claim to Rent-Controlled Apartment

August 6, 2013

LVT Number: #24947

Landlord sued to evict the son of a deceased rent-controlled tenant. The son claimed succession rights to the apartment and asked the court to dismiss the case without a trial. The court ruled against tenant's son, who appealed and lost. Tenant's son must prove that he lived in the apartment as his primary residence for at least two years before tenant died. The son acknowledged that he had an occupancy interest in an apartment in a luxury building on Central Park South. He also failed to date to produce all relevant tax returns despite landlord's request.

Landlord sued to evict the son of a deceased rent-controlled tenant. The son claimed succession rights to the apartment and asked the court to dismiss the case without a trial. The court ruled against tenant's son, who appealed and lost. Tenant's son must prove that he lived in the apartment as his primary residence for at least two years before tenant died. The son acknowledged that he had an occupancy interest in an apartment in a luxury building on Central Park South. He also failed to date to produce all relevant tax returns despite landlord's request. A trial was needed to determine the facts.

Regina Metropolitan Co., LLC v. Hartheimer: 40 Misc.3d 127(A), 2013 NY Slip Op 51044(U) (App. T. 1 Dept.; 7/2/13; Hunger Jr., JP, Torres, Shulman, JJ)

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