Daughter Can't Get Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants had moved to Florida, but tenants' daughter claimed pass-on rights. Landlord claimed that there was no issue requiring a trial and asked the court to grant possession. The court ruled against landlord, who appealed and won. Tenants had moved to Florida a number of years earlier but didn't permanently vacate the apartment until, at best, April 1, 2009. At that time they notified landlord that they had vacated and surrendered the apartment. There was no proof that the daughter lived with tenants in the apartment during the two-year period immediately before tenants' surrender. So the daughter can't claim succession. The fact that the daughter may on occasion have paid rent in her own name during tenants' extended absence from the apartment didn't, by itself, raise an issue of fact requiring a trial, especially since tenants continued to make rent payments while they were living in Florida.

Manhattan Mansions LP v. Garvey: 2011 NY Slip Op 52339(U), 2011 WL 6819197 (App. T. 1 Dept.; 12/28/11; Lowe III, PJ, Shulman, Torres, JJ)