Tenant's Daughter Didn't Live in Rent-Controlled Apartment

November 1, 2001

LVT Number: 15374

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed that she had lived in the apartment with tenant for at least two years before tenant died and so was entitled to pass-on rights. The court ruled for landlord. Tenant's daughter appealed and lost. There was no proof that tenant's daughter lived in the apartment with tenant as her primary residence. Tenant's daughter owned a house in Brooklyn with her husband and filed tax returns, banking records, and Medicare statements from that address.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed that she had lived in the apartment with tenant for at least two years before tenant died and so was entitled to pass-on rights. The court ruled for landlord. Tenant's daughter appealed and lost. There was no proof that tenant's daughter lived in the apartment with tenant as her primary residence. Tenant's daughter owned a house in Brooklyn with her husband and filed tax returns, banking records, and Medicare statements from that address. Tenant's next-door neighbor also testified that she didn't see ten- ant's daughter at the apartment until after tenant's death.

Ken May Corp. v. Doe: NYLJ, 10/10/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)

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