Tenant's Son Who Used Apartment for Illegal Business Can't Get Pass-On Rights

LVT Number: #31293

Landlord sued to evict rent-controlled tenant's son after tenant died in 2010. While the son claimed succession rights, the court ruled for landlord. In a lengthy decision involving unusual questions, the court looked at both whether the son met the two-year primary residence requirement to establish succession rights, and whether he had been involved in an illegal business that permitted eviction. The son went to prison in 2002 and, although later released, remained under parole with a mandatory condition that he remain absent from the apartment until he returned in 2009.

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