Deceased Tenant's Stepdaughter Gets Rent-Stabilized Apartment

LVT Number: #28392

The stepdaughter of deceased rent-stabilized tenant sued her stepmother, claiming that she had succession rights to tenant's apartment. The stepmother was still living in the apartment and claimed that stepdaughter had no succession rights. The court ruled for the stepdaughter after trial. The stepmother appealed and lost. The stepdaughter proved at trial that she had continuously lived in the apartment as her primary residence for at least two years before tenant died.

The stepdaughter of deceased rent-stabilized tenant sued her stepmother, claiming that she had succession rights to tenant's apartment. The stepmother was still living in the apartment and claimed that stepdaughter had no succession rights. The court ruled for the stepdaughter after trial. The stepmother appealed and lost. The stepdaughter proved at trial that she had continuously lived in the apartment as her primary residence for at least two years before tenant died. The stepmother was aware that the lease later came up for renewal in November 2005 and consented to the fact that the stepdaughter would be taking over the lease. The stepmother waived any right she may have had to succeed to the lease. And landlord had renewed the lease in stepdaughter's name.

 

Wong v. Yu: 160 A.D.3d 549, 2018 NY Slip Op 02731 (App. Div. 1 Dept.; 4/19/18; Friedman, JP, Richter, Andrias, Kapnick, Webber, JJ)