Rent-Stabilized Tenants' Daughter Can't Remain in Apartment

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants' daughter claimed succession rights. The trial court ruled for landlord. Tenants appealed and lost, then appealed again to a higher court. The appeals court ruled against tenants. Tenants, husband and wife, admitted that they moved out of the apartment in 2003. But after 2003, tenants continued to pay rent and to execute renewal leases through September 2015. Tenants' daughter lived in the apartment with her child and husband since mid-2001 but failed to prove that she had lived in the apartment as her primary residence for at least two years before tenants permanently vacated the unit in September 2015. 

Well Done Realty LLC v. Epps: 2019 NY Slip Op 08132, Index No. 10314, 570241/17 (App. Div. 1 Dept.; 11/12/19; Acosta, PJ, Renwick, Manzanet-Daniels, Singh, JJ)