Brother Who Cared for Ill Tenant Gets Apartment

August 31, 2004

LVT Number: 17543

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's brother and claimed pass-on rights. He said he lived in the apartment for at least two years before tenant died. The court ruled against landlord. Landlord appealed and lost. The brother testified that he moved into the apartment in 1995 to take care of tenant, who was ill. Tenant died in 1999. A neighbor also testified at trial that the brother lived in the apartment. The testimony of landlord's on-site employee to the contrary was vague.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's brother and claimed pass-on rights. He said he lived in the apartment for at least two years before tenant died. The court ruled against landlord. Landlord appealed and lost. The brother testified that he moved into the apartment in 1995 to take care of tenant, who was ill. Tenant died in 1999. A neighbor also testified at trial that the brother lived in the apartment. The testimony of landlord's on-site employee to the contrary was vague. There was no proof that the brother lived anywhere else. And the trial court could rely on the testimony, even if there was little documentation of the brother's address.

Sy v. Doe: NYLJ, 8/17/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

Topics

More like this