Tenant's Daughter Gets Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter appeared in the proceeding and claimed she had succession rights to the apartment. The trial court ruled for the daughter and dismissed the case. The daughter acknowledged that tenant no longer lived in the apartment. Through witnesses and extensive documentary evidence, the daughter demonstrated that she had lived in the apartment from 1988 through the trial date. Among other things, the daughter was born at the apartment, attended school while she lived there, and lived there now within walking distance of her own children's school. It was undisputed that tenant "permanently vacated" the apartment and now resided in Georgia although the parties disputed when this occurred. But, based on the long-term co-occupancy by tenant and her daughter before tenant vacated, it didn't matter when tenant moved out despite landlord's claim that it was prejudiced by the daughter's delay in asserting succession rights. The court found no prejudice to landlord since the daughter would have been eligible for tenancy rights regardless of when she asserted them. The daughter never concealed her occupancy from landlord and the tenant didn't sign any renewal leases in her own name once she vacated. The tenant also had previously listed her daughter on the lease as an occupant, and had asked landlord to add the daughter to her lease. Landlord's agent also had acknowledged that tenant and her daughter co-occupied the apartment in a letter dated January 2006. 

Peres Realty LLC v. Granville: Index No. 86292/16, 2021 NY Slip Op 51004(U)(Civ. Ct. Kings; 10/25/21; Capell, J)