Daughter Gets Rent-Controlled Apartment

October 21, 2016

LVT Number: #27253

Landlord sued to evict rent-controlled tenant’s daughter after tenant died. The daughter claimed succession rights. Tenant died in 2015 at the age of 99. Her daughter was 72 and claimed that she moved into the apartment with tenant in 2010. It was undisputed that the daughter lived in the apartment for at least one year before tenant died. The remaining question was whether the daughter lived with tenant in the apartment during that time. The daughter had produced some documents supporting her claim, and landlord sought no further pretrial discovery until a year later.

Landlord sued to evict rent-controlled tenant’s daughter after tenant died. The daughter claimed succession rights. Tenant died in 2015 at the age of 99. Her daughter was 72 and claimed that she moved into the apartment with tenant in 2010. It was undisputed that the daughter lived in the apartment for at least one year before tenant died. The remaining question was whether the daughter lived with tenant in the apartment during that time. The daughter had produced some documents supporting her claim, and landlord sought no further pretrial discovery until a year later. The court ruled against landlord, finding that its request to conduct additional pretrial questioning was simply a fishing expedition and that the delay could prejudice the daughter’s application to continue tenant’s SCRIE benefits. The court also found that the daughter had sufficiently proved succession rights and dismissed the case without trial.

 

 

 

Wildwood Company, LP v. De Bruin: 53 Misc.3d 1201(A), 2016 N.Y. Slip Op 51309(U) (Civ. Ct. NY; 9/20/16; Kraus, J)

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