Disabled Daughter of Deceased Tenant Gets Apartment
LVT Number: 15370
Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed pass-on rights. Landlord claimed that she didn't live in the apartment with tenant. The court ruled for tenant's daughter. Landlord appealed and lost. Tenant's daughter presented sufficient documentary and testimonial proof that she moved into her father's apartment in early 1996 to get better health care treatment in the city for her disability. Although she admitted traveling out of the country three times during the year before tenant died, these temporary absences didn't sever her ties to the apartment, which was her only residence.
335 E. 70th Realty Inc. v. Sara A.M.: NYLJ, 10/2/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)