Rent-Stabilized Tenant's Daughter Claims Succession Rights

Landlord sued to evict rent-stabilized tenant's daughter as an occupant-licensee, claiming that tenant had moved to the Dominican Republic in 2014. The daughter claimed succession rights and said she had lived in the apartment with tenant since she was a young child. Landlord argued that the daughter couldn't be found to have lived with tenant for two years immediately preceding tenant's vacatur. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord didn't dispute the occupant's claims that she was tenant's daughter and had lived in the apartment since childhood. So, the court couldn't rule that, as a matter of law, the daughter had no succession rights. The case was adjourned for further fact-finding.

161 Holding Ltd. v. Goris: Index No. 63692/2016, NYLJ No. 1202793241493 (Civ. Ct. NY; 6/30/17; Weisberg, J)