Rent-Controlled Tenant's Son Gets Apartment

LVT Number: #23992

Landlord sued to evict apartment occupant, claiming that he was a licensee who no longer had a right to remain after rent-controlled tenant's death. Occupant claimed that he was tenant's son and entitled to succession rights. The court ruled for occupant and dismissed the case. The son showed that he had moved back into the apartment with tenant in 2005. Landlord should have obtained a certificate of eviction from the DHCR before starting the case since the applicable rent control regulation defined tenant to include other apartment occupants.

Landlord sued to evict apartment occupant, claiming that he was a licensee who no longer had a right to remain after rent-controlled tenant's death. Occupant claimed that he was tenant's son and entitled to succession rights. The court ruled for occupant and dismissed the case. The son showed that he had moved back into the apartment with tenant in 2005. Landlord should have obtained a certificate of eviction from the DHCR before starting the case since the applicable rent control regulation defined tenant to include other apartment occupants. The son also showed that he was qualified as a tenant.

Golden Mountain Realty Inc. v. Severino: Index No. 72263/2011, NYLJ No. 1202544431988 (Civ. Ct. NY; 2/29/12; Kraus, J)