Grandson Gets Rent-Controlled Apartment

LVT Number: #29976

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights. Landlord claimed that the grandson hadn't lived in the apartment as his primary residence for at least two years before tenant died. The trial court ruled for the grandson, who proved that he had lived with tenant since 2010.  Landlord argued that the grandson lived a nomadic lifestyle, traveled extensively, and spent an average of 100 days per year in the apartment. The grandson paid no income taxes between 2010 and 2016 because he earned no taxable income.

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Westman Realty Company LLC v. Cookson: 62 Misc.3d 1215(A), 2019 NY Slip Op 50144(U) (Civ. Ct. NY; 2/5/19; Kraus, J)