Trial Needed on Whether Tenant's Son Has Succession Rights

Landlord sued to evict rent-stabilized tenant’s son after tenant died. The son claimed that he was entitled to succession rights and asked the court to decide the case without a trial. The court ruled against the son, finding that a trial was needed. The son claimed that he lived with tenant for at least two years before tenant died. He also claimed that he was disabled, so only had to prove he lived with tenant for one year. Landlord claimed that during the two years before tenant died the criminal court issued two orders of protection ordering the son to stay away from the apartment. And tenant’s documents indicated only that he occupied the apartment after tenant’s death. 

Robert v. Miller: Index No. 71019/2012, NYLJ No. 1202758881584 (Civ. Ct. Kings; 5/12/16; Sikowitz, J)