Niece Didn't Live with Tenant in Apartment for Two Years

February 1, 1994

LVT Number: 8525

Landlord sued to evict tenant's niece after tenants moved out of rent-stabilized apartment. Niece claimed she'd lived in the apartment with tenant for at least two years before he and his wife moved out. The court ruled for landlord. Niece proved her relationship to tenant by documentation. But niece didn't prove she'd lived contemporaneously in the apartment with tenant for two years just before tenant moved out. Tenant and his wife bought a condominium during this period. Tenant's claim that he still stayed at the apartment for purposes of commuting to work wasn't believable.

Landlord sued to evict tenant's niece after tenants moved out of rent-stabilized apartment. Niece claimed she'd lived in the apartment with tenant for at least two years before he and his wife moved out. The court ruled for landlord. Niece proved her relationship to tenant by documentation. But niece didn't prove she'd lived contemporaneously in the apartment with tenant for two years just before tenant moved out. Tenant and his wife bought a condominium during this period. Tenant's claim that he still stayed at the apartment for purposes of commuting to work wasn't believable. Tenant and niece lived in the apartment together for, at most, 21 months.

Knickerbocker Village v. Chin: NYLJ, p. 22, col. 3 (1/26/94) (Civ. Ct. NY; Dubinsky, J)

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