Case Type

Succession

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

153647/22

Slip Opinion Number

2024 NY Slip Op 05405

Petitioner

H.W.

Respondent

New York City Department of Housing Preservation and Development

Judge

Love, Laurence L.

Decision/Order Date

2024-10-31

Posture

Post-trial motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

Tenant’s petition to annul the landlord’s denial of his succession claim to a rent-stabilized apartment was denied. Under 28 RCNY 3-02(p)(3), the tenant failed to prove co-residency with the tenant of record (his aunt) from his birth, or when she vacated the apartment. His claim, identical to his mother’s prior failed succession attempt, was rejected due to the same lack of credible evidence.

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