Trial Required On Daughter's Right to Get Apartment

Facts: Landlord sued to evict tenant for illegally subletting rent-stabilized apartment to his daughter. Tenant's daughter claimed that she'd lived in the apartment for many years and was entitled to pass-on rights. Although the lease was always renewed in tenant's name alone, tenant's daughter claimed she lived there with tenant and her mother until they divorced and that tenant then moved out and she continued to live in the apartment with her mother until her mother died in October 1995. The daughter also claimed that even though all renewal leases were in tenant's name, they were signed by her mother. Landlord also sent tenant a renewal lease notice in February 1996, after starting the eviction action. Tenant's daughter claimed this was improper and asked the court to dismiss the case without a trial. Court: Tenant loses. Landlord and tenant presented conflicting proof as to whether tenant's daughter had lived in the apartment for at least two years. A trial was needed to determine whether tenant had actually moved out permanently and whether tenant's daughter was entitled to a renewal lease for the apartment as a remaining family member. The fact that landlord sent a renewal lease after starting the eviction action didn't prevent a trial. The renewal lease was never fully signed.

225 Eastern Parkway Assocs., L.P. v. Mitchell: NYLJ, p. 27, col. 5 (1/8/97) (Civ. Ct. Kings; Finkelstein, J)