Brother Only Visited Apartment

February 1, 1996

LVT Number: 10328

Occupant sued landlord HPD, claiming he was locked out of his brother's apartment. Landlord had padlocked apartment after tenant died. Occupant claimed he lived with tenant for two years before tenant died and was entitled to pass-on rights. The court ruled against occupant, and he appealed. The appeals court again ruled against occupant. The apartment was vacant when it was padlocked. The building superintendent testified that occupant didn't live in the apartment. And landlord showed that occupant lived in another apartment in Manhattan.

Occupant sued landlord HPD, claiming he was locked out of his brother's apartment. Landlord had padlocked apartment after tenant died. Occupant claimed he lived with tenant for two years before tenant died and was entitled to pass-on rights. The court ruled against occupant, and he appealed. The appeals court again ruled against occupant. The apartment was vacant when it was padlocked. The building superintendent testified that occupant didn't live in the apartment. And landlord showed that occupant lived in another apartment in Manhattan.

Jackson v. HPD: NYLJ, p. 25, col. 4 (1/19/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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