Tenant's Sister Can't Get Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s sister appeared in response and claimed succession rights. The court ruled for the sister and dismissed the case. Landlord appealed and won. Tenant testified that she had moved out of the apartment in 1995 when she got married, the sister testified that she had signed tenant’s name on renewal leases through May 2012. Under these circumstances, since tenant didn’t surrender the apartment between 1995 and 2012, tenant can’t be deemed to have permanently vacated, and the sister can’t claim that tenant had permanently vacated the apartment prior to May 2012. And since tenant didn’t live in the apartment for the two years before the expiration of the most recent renewal lease, the sister can’t show that she co-occupied the apartment with tenant for the two years before expiration of the most recent renewal lease. So the sister can’t get succession rights.

Cadillac Leasing, LP v. Kiely: 2016 NY Slip Op 50388(U), 2016 WL 1193487 (App. T. 2 Dept.; 3/18/16; Pesce, PJ, Weston, Aliotta, JJ)