Trial Needed to Determine If Tenant's Daughter Gets Apartment

April 27, 2021

LVT Number: #31371

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out of the apartment. The daughter claimed succession rights. Landlord argued that there was no question of fact and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. The lower court made no specific finding that tenant permanently vacated the apartment in October 2013. There were questions of fact that required a trial to determine whether the daughter had succession rights.

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out of the apartment. The daughter claimed succession rights. Landlord argued that there was no question of fact and asked the court to rule in its favor without a trial. The court ruled against landlord, who appealed and lost. The lower court made no specific finding that tenant permanently vacated the apartment in October 2013. There were questions of fact that required a trial to determine whether the daughter had succession rights. Questions included when tenant actually moved out of the unit, and whether the daughter had lived in the apartment with tenant for at least two years immediately before tenant left.

Park Cent. 1 LLC v. Figueroa: Index No. 570165/20, 2021 NY Slip Op 50263(U)(App. T. 1 Dept.; 3/26/21; Higgitt, JP, Brigantti, Hagler, JJ)

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