Succession Denied to Great-Grandson

The landlord defeated a succession claim by a deceased tenant’s great-grandson, living in a Project-Based Section 8 building. While the grandson was insistent that he maintained continued rights to the apartment, documentation offered at trial proved that he resided in a different unit in the building with other family members.

The great-grandson vigorously defended the matter, represented by The Legal Aid Society, however admitted that he had no real evidence linking him to the subject premises and had signed documentation as an occupant for a different unit in the building.  His attempt to explain his documentation and that he had been his great-grandfather’s caretaker for the required period of time, as well as offer two witnesses to support his defense, the Trial Court after viewing the witnesses’ demeanor, hearing their testimony and reviewing the documents, properly granted judgment in the landlord’s favor, which was affirmed on appeal after extensive briefing on the issue and argument. The great- grandson “failed to overcome the rebuttable presumption created by occupant’s absence from the family composition documentation for the subject apartment.”  (William and Georgia Towers HDFC v. Green, App. Term Docket No. 2021-254 KC, decision issued July 15, 2022).