Daughter Lived with Tenant for 20 Years

March 1, 1994

LVT Number: 8599

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The trial court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Daughter proved, through documents and a number of witnesses, that she'd lived in the apartment with her mother for 20 years before tenant died. Landlord pointed out that tenant had understated her household income when she got Senior Citizen Rent Increase Exemption (SCRIE) orders from HPD. If tenant did this, it still didn't bar daughter from her right to the apartment.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The trial court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Daughter proved, through documents and a number of witnesses, that she'd lived in the apartment with her mother for 20 years before tenant died. Landlord pointed out that tenant had understated her household income when she got Senior Citizen Rent Increase Exemption (SCRIE) orders from HPD. If tenant did this, it still didn't bar daughter from her right to the apartment. There was no proof that daughter herself had ever submitted false applications to HPD.

Levine v. Costanzo: NYLJ, p. 24, col. 3 (2/17/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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