Incarceration Didn't Preclude Pass-on Rights for Tenant's Grandson

LVT Number: #22498

Landlord sued to evict rent-controlled tenant’s grandson after tenant died. The grandson claimed that he had succession rights to the apartment. He had lived there as his primary residence for more than 27 years. Landlord argued that there could be no such claim because the grandson was in jail from 2005 until 2009, when tenant died. The court ruled for grandson and dismissed the case. A tenant doesn’t lose his primary residence status due to a temporary absence, and a definite prison term is a temporary absence.

Landlord sued to evict rent-controlled tenant’s grandson after tenant died. The grandson claimed that he had succession rights to the apartment. He had lived there as his primary residence for more than 27 years. Landlord argued that there could be no such claim because the grandson was in jail from 2005 until 2009, when tenant died. The court ruled for grandson and dismissed the case. A tenant doesn’t lose his primary residence status due to a temporary absence, and a definite prison term is a temporary absence. When he went to jail, tenant’s apartment was the grandson’s residence, so it remained his residence. He had lived with tenant since he was 4 years old.

Kelly Mgt LLC v. Soltero: NYLJ, 2/24/10, p. 26, col. 3 (Civ. Ct. Bronx; Alpert, J)