Landlord Accepted Sister as Tenant

Facts: Landlord sued to evict rent-stabilized tenant's sister from apartment a year after tenant moved out. Tenant had moved into the two-bedroom apartment in 1989. Her sister moved into another apartment upstairs with their mother a year later. The sister claimed she moved in with tenant in 1993 because she had severe asthma and couldn't climb the stairs any longer. Tenant moved out by early 1995. Court: Landlord loses. Tenant's sister lived in tenant's apartment as her primary residence since April 1993---for over two years. The sister presented documents listing her address as tenant's apartment. And landlord openly accepted rent checks from the sister for over a year before bringing eviction proceedings.

4305 Assocs. v. Davis: NYLJ, p. 30, col. 5 (10/16/96) (Civ. Ct. Bronx; Fiorella, J)