Tenant's Daughter Claims She Lived in Apartment for Five Years

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Landlord and tenant's daughter, who agreed to move out, signed a settlement agreement in court. Tenant's daughter later asked the court to vacate the settlement agreement. She now had an attorney and claimed she didn't know her rights when she signed the agreement. Tenant's daughter said she had lived in the apartment with tenant for five years before tenant died and therefore had succession rights. The court ruled for tenant's daughter. Tenant's daughter appeared to have a valid claim to succession rights. If she could prove she had lived in the apartment with tenant for at least two years before tenant died, she had the right to remain.

Tai Hop Lee Realty Corp. v. Tay: NYLJ, 5/2/07, p. 22, col. 1 (Civ. Ct. NY; Capella, J)