Occupant's Immigration Status Doesn't Bar Succession Rights Claim

May 24, 2019

LVT Number: #30130

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as a nontraditional family member. Landlord argued that occupant's immigration status prevented him from establishing that he primarily resided in the apartment for two years before tenant died. The court ruled against landlord, who appealed and lost. The occupant's status as an F-1 visa holder wasn't dispositive on his succession claim. Occupant had lived in the U.S.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as a nontraditional family member. Landlord argued that occupant's immigration status prevented him from establishing that he primarily resided in the apartment for two years before tenant died. The court ruled against landlord, who appealed and lost. The occupant's status as an F-1 visa holder wasn't dispositive on his succession claim. Occupant had lived in the U.S. for more than 10 years while in graduate school, and was planning to marry tenant before tenant's untimely death. Consideration of citizenship and immigration status weren't among the criteria for determining family member succession rights.

Tres Realty LLC v. Yu: 2019 NY Slip Op 29088, NYLJ No. 1528381354 (App. T. 1 Dept.; 4/2/19; Shulman, PJ, Gonzalez, Cooper, JJ)

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