Court Follows DHCR's Ruling on Step-Granddaughter's Right to Apartment

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeld, PC, attorneys for the landlord.) Landlord sued to evict Mitchell-Lama tenant's step-granddaughter after tenant died. The granddaughter claimed that she had lived in the apartment with tenant for some time before tenant died. But, before starting the court case, landlord had obtained a certificate of eviction from the DHCR. The DHCR had ruled that tenant's granddaughter didn't qualify for pass-on rights to the apartments. So the court ruled for landlord, without a trial, based on the DHCR's decision.

Southbridge Towers, Inc. v. Pallares: Index No. L&T 63212/04 (Civ. Ct. NY 7/23/04; Lai, J) [7-pg. doc.]