Tenant's Daughter Can't Get Rent-Controlled Apartment

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed succession rights. The court ruled for landlord after a trial. Tenant died in 2009. Landlord brought the eviction proceeding in 2012. Landlord showed that the daughter lived in another apartment between May 2007 and July 2008. The daughter got married in 2007 and signed a lease for a new apartment with her husband from August 2008 to July 2009. Her claim that she lived primarily in tenant's apartment instead of the one she rented with her new husband wasn't credible. Election records, bank statements, and credit card information placed the daughter at the other apartments during the two years before tenant died. Tenant also had telephone numbers at the other apartments. A friend of the daughter who appeared on her behalf gave inconsistent testimony. She said she visited the daughter at tenant's apartment on weekends, but the daughter had admitted that she spent weekends at her husband's apartment. Tenant's claim that she couldn't have mail delivered to her at tenant's apartment because tenant would interfere with her mail also wasn't credible.

3900 Broadway Holding LLC v. Cruz: 47 Misc.3d 1201(A), 2015 NY Slip Op 50354(U) (Civ. Ct. NY; 323/15; Kraus, J)