Daughter Can't Get Apartment

April 30, 2008

LVT Number: #20371

HPD issued a certificate of eviction for landlord against tenant and her daughter, who both appealed. They claimed HPD's decision was arbitrary and unreasonable. The court ruled against tenant. Landlord presented substantial proof before HPD that tenant didn't maintain the apartment as her primary residence for many years. And since tenant wasn't there for the relevant period, her daughter couldn't establish succession rights. HPD's decision was reasonable, and landlord could go forward with the eviction proceeding.

HPD issued a certificate of eviction for landlord against tenant and her daughter, who both appealed. They claimed HPD's decision was arbitrary and unreasonable. The court ruled against tenant. Landlord presented substantial proof before HPD that tenant didn't maintain the apartment as her primary residence for many years. And since tenant wasn't there for the relevant period, her daughter couldn't establish succession rights. HPD's decision was reasonable, and landlord could go forward with the eviction proceeding.

Lumsby v. Donovan: NYLJ, 4/7/08, p. 29, col.1 (App. Div. 1 Dept.; Saxe, JP, Sweeny, McGuire, Acosta, JJ)

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