Tenant's Brother Didn't Prove He Was Illegally Locked Out After Tenant Died

June 26, 2018

LVT Number: #28478

Brother of rent-stabilized tenant, who died in December 2017, sued landlord, claiming illegal lockout. The court granted landlord's request to dismiss the case. The brother claimed that he had lived with tenant for at least 30 days before tenant died. But social workers testified for landlord that they saw the brother at the apartment only once. There was no proof that the brother lived in the apartment. Landlord had legally obtained possession after tenant died.

Brother of rent-stabilized tenant, who died in December 2017, sued landlord, claiming illegal lockout. The court granted landlord's request to dismiss the case. The brother claimed that he had lived with tenant for at least 30 days before tenant died. But social workers testified for landlord that they saw the brother at the apartment only once. There was no proof that the brother lived in the apartment. Landlord had legally obtained possession after tenant died.

Chow v. 89 Bay LLC: 59 Misc.3d 1229(A), 2018 NY Slip Op 50793(U) (Civ. Ct. Kings; 5/18/18; Marton, J)

Topics

More like this