Daughter Didn't Live with Tenant

August 31, 1999

LVT Number: 13499

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed pass-on rights. She said she had lived with her father before he died. The court ruled for landlord. Tenant's daughter appealed and lost. Tenant's daughter owned a condominium apartment in the Bronx, kept an active bank account at her previous Bronx bank, and continued to get mail at the Bronx condo. Tenant's daughter didn't permanently or continuously occupy tenant's apartment.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed pass-on rights. She said she had lived with her father before he died. The court ruled for landlord. Tenant's daughter appealed and lost. Tenant's daughter owned a condominium apartment in the Bronx, kept an active bank account at her previous Bronx bank, and continued to get mail at the Bronx condo. Tenant's daughter didn't permanently or continuously occupy tenant's apartment.

Bannister v. Bittar: NYLJ, p. 22, col. 2 (8/10/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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