Daughter Stayed in Apartment After Tenant Moved

January 1, 2000

LVT Number: 13779

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter claimed pass-on rights to the apartment and asked the court to dismiss the case without a trial. She presented proof that her parents had moved into the apartment in 1976, shortly after she was born. In 1984, her parents divorced and her mother remained in the apartment as tenant. In 1991, tenant remarried, and in 1995, tenant moved to Texas. Tenant's daughter lived in the apartment at all times, except between 1994 and 1998, when she attended college.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter claimed pass-on rights to the apartment and asked the court to dismiss the case without a trial. She presented proof that her parents had moved into the apartment in 1976, shortly after she was born. In 1984, her parents divorced and her mother remained in the apartment as tenant. In 1991, tenant remarried, and in 1995, tenant moved to Texas. Tenant's daughter lived in the apartment at all times, except between 1994 and 1998, when she attended college. Landlord claimed that tenant actually moved out of state in 1993, but tenant's daughter produced a sworn statement from tenant's employer showing that tenant had worked in New York until 1995. The court ruled for tenant's daughter and dismissed the case.

HKAL 34th St. Ltd. Partnership v. O'Dea: NYLJ, p. 28, col. 3 (12/15/99) (Civ. Ct. NY; Smith, J)

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