Daughter Didn't Reside with Tenant for Two Years Before Tenant Died

Landlord sued to evict rent-controlled tenant's daughter after tenant died in 2007. The daughter claimed that she lived with tenant during the last two years of tenant's life. She had moved out of the apartment several times, including when she got married, but claimed that she moved back in with tenant because her husband was abusive. At trial, the daughter's friends testified that they frequently visited her at tenant's apartment. The court ruled for landlord. The daughter had a young son and worked for the State of New York. But she produced no school, employment, tax, banking, or credit records to prove her address. The only financial records presented in court were documents landlord produced listing the daughter's address as somewhere other than tenant's apartment. The daughter failed to prove that tenant's apartment was her primary residence for the two years before tenant died.

41-47 Nick LLC v. Holliman: NYLJ, 10/21/09, p. 26, col. 3 (Civ. Ct. NY; Schneider, J)