Tenant's Family Member Had Other Rent-Controlled Apartment

March 1, 2010

LVT Number: #22494

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant’s family member and entitled to pass-on rights. The court ruled for landlord after a jury trial. Occupant appealed and lost. He didn’t prove that he lived for at least one year with tenant in the apartment before tenant died. There was substantial documentation of occupant’s residence at another rent-controlled apartment, although he claimed that it was used as a painting studio.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant’s family member and entitled to pass-on rights. The court ruled for landlord after a jury trial. Occupant appealed and lost. He didn’t prove that he lived for at least one year with tenant in the apartment before tenant died. There was substantial documentation of occupant’s residence at another rent-controlled apartment, although he claimed that it was used as a painting studio.

Escorp. Inc. v. Myers: NYLJ, 2/17/10, p. 34, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, JJ)

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