Documents Showed Tenant's Nephew Lived in Peekskill

November 1, 1996

LVT Number: 10996

Landlord sued to evict rent-stabilized tenant's nephew after tenant died. The nephew claimed he had lived with tenant for three years before tenant died. The court ruled against landlord, finding that the nephew had lived in the apartment with tenant as his primary residence for more than two years. Landlord appealed. The appeals court ruled for landlord. The nephew didn't prove that he lived with tenant. In fact, important documents such as the nephew's driver's license, wage statements, and income tax returns all showed that the nephew lived with his family in Peekskill, N.Y.

Landlord sued to evict rent-stabilized tenant's nephew after tenant died. The nephew claimed he had lived with tenant for three years before tenant died. The court ruled against landlord, finding that the nephew had lived in the apartment with tenant as his primary residence for more than two years. Landlord appealed. The appeals court ruled for landlord. The nephew didn't prove that he lived with tenant. In fact, important documents such as the nephew's driver's license, wage statements, and income tax returns all showed that the nephew lived with his family in Peekskill, N.Y.

300 E. 34th St. Co. v. Habeeb: NYLJ, p. 27, col. 4 (10/28/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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