Rent-Stabilized Tenant's Son Can't Prove Succession Rights

November 17, 2021

LVT Number: #31671

Landlord sued to evict rent-stabilized tenant's son, who claimed succession rights to the apartment after tenant died. The trial court ruled for landlord. The son appealed and lost. While the absence of documentary evidence wasn't fatal to the son's claim, the trial court found his testimony to "lack credibility" and was insufficient to overcome the lack of proof connecting the son to the apartment for actual living purposes for the two years prior to tenant's death.

Landlord sued to evict rent-stabilized tenant's son, who claimed succession rights to the apartment after tenant died. The trial court ruled for landlord. The son appealed and lost. While the absence of documentary evidence wasn't fatal to the son's claim, the trial court found his testimony to "lack credibility" and was insufficient to overcome the lack of proof connecting the son to the apartment for actual living purposes for the two years prior to tenant's death.

299 Assocs. LP v. Mertens: Index No. 570102/21, 2021 NY Slip Op 50932(U), NYLJ No. 1633982300 (App. T. 1 Dept.; 10/1/21; Edmead, PJ, Brigantti, Hagler, JJ)

Topics

More like this