Disabled Granddaughter Gets Tenant's Rent-Stabilized Apartment

July 20, 2017

LVT Number: #27783

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. The granddaughter claimed succession rights. The trial court ruled against landlord, finding that the granddaughter was disabled and had lived in the apartment with tenant for at least one year before tenant died. Landlord appealed and lost. Landlord questioned the designation of the granddaughter as disabled. But a Report of Confidential Social Security Benefit Information indicated that the granddaughter was diagnosed with asthma and personality disorders and received SSI disability benefits since 1995.

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. The granddaughter claimed succession rights. The trial court ruled against landlord, finding that the granddaughter was disabled and had lived in the apartment with tenant for at least one year before tenant died. Landlord appealed and lost. Landlord questioned the designation of the granddaughter as disabled. But a Report of Confidential Social Security Benefit Information indicated that the granddaughter was diagnosed with asthma and personality disorders and received SSI disability benefits since 1995. The granddaughter and an expert testified for her at trial, and landlord presented no proof to rebut the granddaughter's disability claim.

1970 University LLC v. Estate of Garcia: 2017 NY Slip Op 27217, 2017 WL 2818824 (App. T. 1 Dept.; 6/29/17; Lowe III, PJ, Shulman, Ling-Cohan, JJ)

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