Tenant's Son Didn't Live with Tenant Before Her Death

January 1, 1997

LVT Number: 11147

Tenant sued landlord and asked the court to declare that he was a rent-stabilized tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. Tenant moved into the apartment after his mother died. His mother was a rent-stabilized tenant who didn't purchase the apartment when the building converted to cooperative ownership. Tenant claimed that landlord told him he would be entitled to a rent-stabilized renewal lease when the current lease expired. The court ruled against tenant.

Tenant sued landlord and asked the court to declare that he was a rent-stabilized tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. Tenant moved into the apartment after his mother died. His mother was a rent-stabilized tenant who didn't purchase the apartment when the building converted to cooperative ownership. Tenant claimed that landlord told him he would be entitled to a rent-stabilized renewal lease when the current lease expired. The court ruled against tenant. Tenant didn't live in the apartment for two years immediately before tenant died, so he didn't qualify for pass-on rights under the rent stabilization law. Tenant also claimed that landlord should be bound by its statement that tenant would be given a rent-stabilized renewal lease. The court disagreed. Rent stabilization coverage was governed by the rent stabilization law and code.

Gregory v. Colonial DPC Corp.: NYLJ, p. 30, col. 1 (12/24/96) (App. Div. 2 Dept.; Rosenblatt, JP, Pizzuto, Friedmann, Goldstein, JJ)

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