Tenant's Daughter in Apartment on Sporadic Basis

March 1, 2000

LVT Number: 13924

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out. The daughter claimed that she had lived with her mother for over two years before she moved out, and so was entitled to pass-on rights. The court ruled for landlord. Tenant's daughter appealed and lost. The daughter didn't prove that she was present in the apartment on a regular, rather than sporadic, basis. The daughter had a visitor's visa that restricted her residency in America to one year and required her to maintain a permanent residence in Sweden.

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out. The daughter claimed that she had lived with her mother for over two years before she moved out, and so was entitled to pass-on rights. The court ruled for landlord. Tenant's daughter appealed and lost. The daughter didn't prove that she was present in the apartment on a regular, rather than sporadic, basis. The daughter had a visitor's visa that restricted her residency in America to one year and required her to maintain a permanent residence in Sweden. Also, tenant's daughter maintained an active personal checking account in Sweden and conducted a business as sole shareholder through her Swedish corporation. This entity wasn't authorized to do business in New York.

Honeyman v. Collingwood: NYLJ, 2/9/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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