Disabled Family Members Can't Get Rent-Controlled Apartment

February 20, 2019

LVT Number: #29912

Landlord sued to evict apartment occupants after rent-controlled tenant died. The occupants claimed that they were disabled and that they had succession rights. The court ruled for landlord and against the occupants. Occupants appealed and lost. The trial court fairly determined, based on evidence presented, that occupants failed to prove that they primarily resided in the apartment with tenant for at least one year before tenant died. There was little documentary proof and no corroborating witnesses who testified on their behalf.

Landlord sued to evict apartment occupants after rent-controlled tenant died. The occupants claimed that they were disabled and that they had succession rights. The court ruled for landlord and against the occupants. Occupants appealed and lost. The trial court fairly determined, based on evidence presented, that occupants failed to prove that they primarily resided in the apartment with tenant for at least one year before tenant died. There was little documentary proof and no corroborating witnesses who testified on their behalf. Tenant had signed a DHCR form indicating that occupants moved into the apartment less than seven months before she died.

320 W. 49 LLC v. Conliffe: 62 Misc.3d 143(A), 2019 NY Slip Op 50106(U) (App. T. 1 Dept.; 1/25/19; Gonzalez, JP, Cooper, Edmead, JJ)

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