Son of Rent-Stabilized Tenant Was 61 When Tenant Vacated

May 18, 2020

LVT Number: #30747

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed succession rights, but the court ruled against him. The son appealed and lost. The trial court fairly interpreted evidence to find that the son didn't live in the apartment with tenant for at least two years before tenant vacated in April 2016. Tenant had signed a DHCR form stating that the son moved in with her in January 2015, less than 16 months before she moved out.

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed succession rights, but the court ruled against him. The son appealed and lost. The trial court fairly interpreted evidence to find that the son didn't live in the apartment with tenant for at least two years before tenant vacated in April 2016. Tenant had signed a DHCR form stating that the son moved in with her in January 2015, less than 16 months before she moved out. The son claimed that a one-year, rather than two-year, occupancy requirement applied to him because he was a senior citizen. But the son was only 61 years old when tenant moved out. So he didn't qualify as a senior citizen entitled to a one-year co-occupancy requirement.

550 Equities LLC v. Washington: Index No. 571177/18, 2020 NY Slip Op 50394(U)(App. T. 1 Dept.; 4/9/20; Shulman, PJ, Edmead, Torres, JJ)

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