Daughter of Rent-Stabilized Tenant Gets Apartment

November 21, 2019

LVT Number: #30491

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court ruled for the daughter. Landlord appealed and lost. Despite some procedural errors by the lower court, the daughter's testimony and documentary evidence showed that she lived in the apartment with tenant for at least two years before tenant died in 2015. The daughter in fact had moved into the apartment in 2011 to care for her ailing mother. The daughter also sufficiently explained her "remaining connection" to Newburgh, N.Y., during the summer months. 

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court ruled for the daughter. Landlord appealed and lost. Despite some procedural errors by the lower court, the daughter's testimony and documentary evidence showed that she lived in the apartment with tenant for at least two years before tenant died in 2015. The daughter in fact had moved into the apartment in 2011 to care for her ailing mother. The daughter also sufficiently explained her "remaining connection" to Newburgh, N.Y., during the summer months. 

53-63 Partners LP v. Wright: 65 Misc.3d 142(A), 2019 NY Slip Op 51717(U) (App. T. 1 Dept.; 10/24/19; Ling-Cohan, JP, Gonzalez, J)

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