Had respondent's family surrendered the premises to petitioner upon her death this question would be academic; however, such a surrender apparently has not occurred, and unrefuted information before the court indicates that respondent's son and/or her fiancé may reside in the premises and have independent possessory rights. While the evidence of the purported fiancé's presence in the apartment is limited to his sworn statement in his affidavit, respondent does state in her affidavit that she lives with her son, and this is corroborated by the fact that her son, who turned 18 years of age in mid-March of this year, was listed as a member of respondent's household on each of her annual HUD 50059 forms for the four years immediately prior to the commencement of this proceeding. Accordingly, he appears to have a viable successor tenancy claim due to his mother's permanent vacatur of the premises (see e.g. Los Tres Unidos Assoc., LP v Colon, 45 Misc 3d 129[A], 2014 NY Slip Op 51566[U] [App Term, 1st Dept 2014]), which he has the right to raise in this proceeding (Acquisition Am. v Diaz, 20 Misc 3d 1127[A], 2008 NY Slip Op 51647[U] [Civ Ct, NY County 2008]).