Daughter Can't Get Tenant's Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that she’d moved out, but tenant’s daughter claimed pass-on rights. The court ruled against landlord’s request for a ruling without a trial based on documentary proof. Landlord appealed and won. In pretrial questioning, the daughter admitted that tenant had moved to Los Angeles several years earlier. But tenant didn’t permanently vacate the apartment until early 2008. The daughter failed to produce any proof that she lived with tenant in the apartment for the two-year period immediately before 2008, so she couldn’t claim succession rights. The case was sent back to housing court for a ruling on use and occupancy and reasonable attorney’s fees due to landlord.

72A Realty Associates v. Healey: NYLJ, 1/27/10, p. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)