Daughter Gets Rent-Stabilized Apartment

February 16, 2018

LVT Number: #28210

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. The trial court ruled for the daughter. She presented testimony that she had lived in the apartment with tenant since she was a child. Tenant and the daughter went to visit relatives in Florida in 2015, and tenant died while there. The daughter remained in Florida for several months but returned in March 2016. Documents showed that the daughter banked in New York and that her son attended school there. Her travel to Florida in 2015 was intended as a family visit.

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. The trial court ruled for the daughter. She presented testimony that she had lived in the apartment with tenant since she was a child. Tenant and the daughter went to visit relatives in Florida in 2015, and tenant died while there. The daughter remained in Florida for several months but returned in March 2016. Documents showed that the daughter banked in New York and that her son attended school there. Her travel to Florida in 2015 was intended as a family visit. She remained longer than intended after tenant's death but returned to the apartment. She didn't move to Florida.

74-78 Post Ave. Heights Assoc. v. Reyes: Index No. 84856/15, NYLJ No. 1516265853 (Civ. Ct. NY; 1/9/18; Schneider, J)

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