Remaining Family Member Had No Tenancy Rights

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out of the apartment. Tenant's daughter didn't claim succession rights. Instead, she asked the court to dismiss the case without a trial. She claimed that she had lived in the apartment for some time and had independent tenancy rights. Landlord asked the court to rule in its favor without a trial, claiming that there were no questions of fact. The court ruled for landlord. Tenant's daughter appealed and lost. Among other things, tenant and her mother had switched apartments without informing landlord or prior landlord. Landlord also had refused to issue tenant's daughter a renewal lease in her own name. There was no waiver since tenant and her daughter had deceived landlord.

East Village Apartments, LLC v. Murphy: NYLJ, 11/17/09, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)