Does Rent-Stabilized Tenant's Daughter Have Succession Rights?

November 21, 2019

LVT Number: #30492

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter asked the court to dismiss the case without trial. The court ruled against the daughter, who appealed and lost. Documentary proof showed that the daughter was the rent-stabilized tenant of another apartment in the same building during the period at issue. So, the daughter hadn't established that she was entitled to succession rights for tenant's apartment. A trial was needed to determine the facts.

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter asked the court to dismiss the case without trial. The court ruled against the daughter, who appealed and lost. Documentary proof showed that the daughter was the rent-stabilized tenant of another apartment in the same building during the period at issue. So, the daughter hadn't established that she was entitled to succession rights for tenant's apartment. A trial was needed to determine the facts.

85th Columbus Corp. v. Eberman: 65 Misc.3d 137(A), 2019 NY Slip Op 51679(U) (App. T. 1 Dept.; 10/24/19; Ling-Cohan, JP, Gonzalez, J)

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