Sister Can't Get Tenant's Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2005. Tenant admitted that she had moved out, but her sister claimed pass-on rights. The sister had moved into the apartment with tenant in 1995 and had lived there at all times since. The court ruled for the sister and dismissed the case. Landlord appealed and won. The sister then appealed to the next level and lost. The sister claimed that she lived in the apartment with tenant for at least two years before tenant moved out in 1998. But tenant didn't surrender possession in 1998. She in fact continued to pay rent and renew the lease in her own name until November 2005, when landlord refused to renew the lease and started the eviction case. So the relevant period of co-occupancy for succession rights was 2003-2005. Since tenant didn't primarily reside in the apartment at that time, her sister can't claim succession rights.

Third Lenox Terrace Associates v. Edwards: NYLJ, 1/26/12, p. 22, col. 1 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Andrias, Moskowitz, Freedman, JJ)