Trial Needed on Whether Deceased Tenant’s Son Was Disabled and Entitled to Succession

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The son claimed succession rights. After pre-trial questioning, landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord proved that it owned the apartment, that tenant died in May 2014, and that tenant’s son moved in with her less than two years before tenant died. But tenant’s son claimed that he was disabled and therefore only had to prove he lived with tenant for one year before she died.

The court found that there were questions of fact that required a trial. The son claimed that he suffered from depression and alcoholism and began receiving SSI benefits in March 2016, retroactive to September 2015. Depression may constitute a disability under federal law. Landlord argued that Rent Stabilization Code Section 2523.5(b)(4) precludes alcoholism as a grounds for finding that the son was disabled. But depression may have a separate cause than alcoholism. Landlord also argued that the son’s disability didn’t arise until after prior tenant died and that therefore the one-year coresidency requirement for succession by disabled family members didn’t apply. However, when a tenant acquires a status while a case is pending, the tenant generally may rely on the benefits of that status. For example, a tenant is protected from eviction in owner occupancy cases when tenant accumulates 20 years of occupancy or turns 62 while the case is pending. And it was unclear whether the son’s depression first manifested after tenant died. In any event, there were issues of fact concerning whether the son was disabled, and a trial was needed to determine the facts.

Roc-Jane Street LLC v. Riffon: Index No. 67873/2015, NYLJ No. 1202778035284 (Civ. Ct. NY; 1/25/17; Stoller, J)