Daughter Didn't Live with Tenant for Required Time Period

June 30, 2011

LVT Number: #23490

Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's most recent renewal lease expired. Tenant's daughter claimed that, even if tenant had moved out, she had succession rights to the apartment. The court ruled for landlord without a trial. Tenant admitted that he had moved out of the apartment several years earlier. At the same time, tenant and his daughter hid this fact from landlord. So, for purposes of succession rights, tenant's vacatur date is deemed the date that his most recent renewal lease expired.

Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's most recent renewal lease expired. Tenant's daughter claimed that, even if tenant had moved out, she had succession rights to the apartment. The court ruled for landlord without a trial. Tenant admitted that he had moved out of the apartment several years earlier. At the same time, tenant and his daughter hid this fact from landlord. So, for purposes of succession rights, tenant's vacatur date is deemed the date that his most recent renewal lease expired. So the daughter couldn't meet the legal requirements for passing on apartments because she and tenant didn't both live in the apartment as their primary residence for at least two years before tenant legally vacated.

Malone v. Sapinsky: 31 Misc.3d 1239(A), 2100 NY Slip Op 51044(U) (Civ. Ct. NY; 6/13/11; Kaplan, J)

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