Tenant's Sister Didn't Live with Her for Two Years

Facts: Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved upstate. Tenant's sister claimed that, even if tenant was gone, she had pass-on rights. Tenant's sister said that she had lived in the apartment with tenant for three years before tenant moved out. Landlord claimed that tenant's sister lived in another apartment, across the hall from tenant, with another sister. Court: Landlord wins. Tenant's sister didn't present any documents, such as income tax returns, driver's license, or credit cards, to show that she lived in tenant's apartment. Landlord showed that tenant's sister had lived across the hall for much of the time that she claimed to have lived with tenant. Tenant's sister didn't prove that she had lived in the apartment with tenant for at least two years before tenant moved out.

Noonan Towers Co. v. Osorio: NYLJ, 2/9/00, p. 29, col. 6 (Civ. Ct. Bronx; Fiorella, J)