Deceased Tenant's Brother Can't Get Apartment

June 30, 1993

LVT Number: 8000

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The trial court ruled for landlord, and the brother appealed. The appeals court again ruled for landlord. Tenant's brother didn't show that he'd lived in the apartment as a primary resident for at least two years just before tenant died. The brother stayed at tenant's apartment while attending New York University, but didn't prove that this student address was his primary residence. He returned regularly to his family residence in Queens while he was in college.

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The trial court ruled for landlord, and the brother appealed. The appeals court again ruled for landlord. Tenant's brother didn't show that he'd lived in the apartment as a primary resident for at least two years just before tenant died. The brother stayed at tenant's apartment while attending New York University, but didn't prove that this student address was his primary residence. He returned regularly to his family residence in Queens while he was in college. And landlord's acceptance of rent through a lockbox after tenant's death wasn't a waiver.

Liant Record Co. v. Newman: NYLJ, p. 29, col. 1 (6/7/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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