Rent-Stabilized Tenant's Granddaughter Gets Apartment

August 27, 2017

LVT Number: #27865

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died, claiming that the granddaughter was a licensee who no longer had a right to remain in the apartment. The court ruled against landlord, finding that the granddaughter was disabled and had proved she lived in the apartment with tenant for one year before tenant died. Landlord appealed and lost. A confidential Social Security Benefit information report showed that the granddaughter had been diagnosed with personality disorders, received SSI benefits, and was disabled since July 1995.

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died, claiming that the granddaughter was a licensee who no longer had a right to remain in the apartment. The court ruled against landlord, finding that the granddaughter was disabled and had proved she lived in the apartment with tenant for one year before tenant died. Landlord appealed and lost. A confidential Social Security Benefit information report showed that the granddaughter had been diagnosed with personality disorders, received SSI benefits, and was disabled since July 1995. Landlord produced no contrary evidence at trial. So the granddaughter was entitled to succession rights.

1970 University LLC v. The Estate of Garcia: Index No. 570259/17, NYLJ No. 1202792097287 (App. T. 1 Dept.; 6/29/17; Lowe III, PJ, Shulman, Ling-Cohan, JJ)

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