Rent-Controlled Tenant's Son Fails to Prove Succession Rights

February 15, 2022

LVT Number: #31831

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed succession rights. He said he lived in the apartment while growing up and had never left. Tenant had moved out in 2009, and the son claimed that he had lived in the apartment with tenant for at least two years before that. The trial court ruled for landlord, finding that the son didn't prove he had lived in the apartment for the required two-year period before tenant moved out.

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed succession rights. He said he lived in the apartment while growing up and had never left. Tenant had moved out in 2009, and the son claimed that he had lived in the apartment with tenant for at least two years before that. The trial court ruled for landlord, finding that the son didn't prove he had lived in the apartment for the required two-year period before tenant moved out.

The son appealed and lost. The trial court found that the son's testimony wasn't credible, and there was insufficient documentary evidence to connect him to the apartment for actual living purposes for the relevant two-year period. 

5539-181 & 182 Prospect Park W. Brooklyn, LLC v. Caseres: Index No. 2020-608KC, 2022 NY Slip Op 50062(U)(App. T. 2 Dept.; 1/28/22; Aliotta, PJ, Toussaint, Golia, JJ)

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