Occupant Can't Get Rent-Controlled Apartment

March 31, 2010

LVT Number: #22539

Occupant claimed pass-on rights to the apartment after rent-controlled tenant died. She claimed that she was a family member who primarily resided in the apartment with tenant for at least two years before tenant died. The trial court ruled for landlord. Occupant appealed and lost. There was little documentary evidence linking occupant to tenant's apartment, and insufficient credible personal testimony to otherwise prove her case. Landlord also presented strong proof linking occupant to a different apartment in the building for the same two-year period in question.

Occupant claimed pass-on rights to the apartment after rent-controlled tenant died. She claimed that she was a family member who primarily resided in the apartment with tenant for at least two years before tenant died. The trial court ruled for landlord. Occupant appealed and lost. There was little documentary evidence linking occupant to tenant's apartment, and insufficient credible personal testimony to otherwise prove her case. Landlord also presented strong proof linking occupant to a different apartment in the building for the same two-year period in question.

138th Street Properties, LLC v. Patrick: NYLJ, 3/2/10, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)

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