Granddaughter Can Take Over Rent-Controlled Tenant's Apartment

July 31, 2005

LVT Number: 18250

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights. After trial, the court ruled for granddaughter. Granddaughter was 21 years old and credibly testified that she had lived in the apartment since she was born. She said that she and her brothers and sisters were raised by tenant because their mother had a drug problem. Granddaughter submitted high school documents, tax forms, Department of Motor Vehicles statement, credit card and telephone bills listing the apartment as her address.

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights. After trial, the court ruled for granddaughter. Granddaughter was 21 years old and credibly testified that she had lived in the apartment since she was born. She said that she and her brothers and sisters were raised by tenant because their mother had a drug problem. Granddaughter submitted high school documents, tax forms, Department of Motor Vehicles statement, credit card and telephone bills listing the apartment as her address. Since granddaughter had lived in the apartment with tenant for at least two years before tenant died, she was entitled to pass-on rights under rent control.

1234 Pacific Mgmt. v. Jefferson: NYLJ, 7/27/05, p. 18, col. 3 (Civ. Ct. Kings; Rodriguez, J)

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