Rent-Controlled Tenant's Daughter Gets Apartment

April 21, 2018

LVT Number: #28311

Landlord sued to evict former rent-controlled tenant's daughter after tenant died. The daughter claimed succession rights. The court ruled for the daughter. Landlord appealed and lost. The daughter produced documentary proof that she continuously lived in the apartment with tenant for five years before tenant died in 2015. She also showed that landlord had actual notice of her co-occupancy since at least 2013. Landlord presented no proof to the contrary.

Landlord sued to evict former rent-controlled tenant's daughter after tenant died. The daughter claimed succession rights. The court ruled for the daughter. Landlord appealed and lost. The daughter produced documentary proof that she continuously lived in the apartment with tenant for five years before tenant died in 2015. She also showed that landlord had actual notice of her co-occupancy since at least 2013. Landlord presented no proof to the contrary.

Wildwood Company, LP v. DeBruin: 59 Misc.3d 127(A), 2018 NY Slip Op 50375(U) (App. T. 1 Dept.; 3/22/18; Ling-Cohan, JP, Gonzalez, Edmead, JJ)

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