Son Can't Get Rent-Stabilized Apartment

March 31, 2010

LVT Number: #22545

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted moving out in 2002, but his son claimed pass-on rights. The trial court ruled for landlord. Tenant’s son appealed and won. But landlord then appealed, and the higher appeals court reversed. Tenant moved into the apartment with his wife and son in 1993. Tenant divorced his wife in 1994. When tenant moved out of the apartment, his son was only 17 and his ex-wife also lived in the same neighborhood.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted moving out in 2002, but his son claimed pass-on rights. The trial court ruled for landlord. Tenant’s son appealed and won. But landlord then appealed, and the higher appeals court reversed. Tenant moved into the apartment with his wife and son in 1993. Tenant divorced his wife in 1994. When tenant moved out of the apartment, his son was only 17 and his ex-wife also lived in the same neighborhood. Documents and other proof presented by tenant’s son failed to prove that he primarily resided in the apartment with tenant for the two years before tenant moved out.

68-74 Thompson Realty, LLC v. McNally: NYLJ, 3/4/10, p. 35, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Nardelli, Renwick, Roman, JJ)

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