Tenant's Niece Can't Get Apartment

January 11, 2013

LVT Number: #24525

Landlord sued to evict rent-stabilized tenant's niece after tenant died. The niece claimed she was entitled to succession rights. The court and appeals court ruled for landlord. The niece appealed again and lost. The niece failed to prove that she lived with tenant for at least two years immediately before tenant moved out of the apartment to go into a nursing home, where she died several months later.

Landlord sued to evict rent-stabilized tenant's niece after tenant died. The niece claimed she was entitled to succession rights. The court and appeals court ruled for landlord. The niece appealed again and lost. The niece failed to prove that she lived with tenant for at least two years immediately before tenant moved out of the apartment to go into a nursing home, where she died several months later. The niece also didn't prove that she had the "emotional and financial commitment, and interdependence" with her aunt that was required to claim succession rights for this type of family member.

441 Convent LLC v. Stafford: 954 NYS2d 867, 2012 NY Slip Op 08628 (App. Div. 1 Dept.; 12/13/12; Gonzalez, PJ, Mazzarelli, Acosta, Roman, JJ)

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