Tenant's Son Can't Get Apartment That Tenant Didn’t Live In
LVT Number: #26945
Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s son appeared, claimed succession rights, and asked the court to dismiss the case. The court ruled for landlord. Landlord claimed that tenant physically moved out in 2006 although she didn’t permanently vacate until 2015. She continued to pay rent and executed renewal leases during that time. The court found that, while tenant didn’t need to maintain a primary residence at the apartment during the two years before vacating permanently, she had to maintain some form of continuing residency connection to the apartment during that period. Since tenant didn’t do so, her son couldn’t claim succession rights.
415 Realty LLC v. Ramirez: Index No. L&T 060857/15, NYLJ No. 1202752743351 (Civ. Ct. Kings; 2/17/16; Finkelstein, J)